Posts Tagged ‘complaint’

Apocalypto! Hey, What Happened to that Bay Area Mayan Prophecy “Film?” – Plus, Examiner Publisher Todd Vogt Cowardice

Thursday, December 20th, 2012

Well if the world ends tomorrow, 12-21-2012, the joke’s on me.

But otherwise…

So, earlier this year some rich whacko up in Marin started making a video* in Latin America what was supposed to be all about the so-called Mayan Prophecy.

But things headed south with the production, so that got written up in a blog down south, down in Los Angeles.

And then the same basic info was posted in the San Francisco Examiner. (It used to be right here.)

And then the rich Marin whacko actually went and sued that film-industry blog earlier this year.

And then the rich Marin whacko lost her lawsuit, big time.

So then I made a post about this affair, you know, because nobody else up here had done so.

Then I got a threatening letter from the same attorney who lost the case in L.A. Read that letter here.

But apparently, that threat was all lies and jest.

Oh well.

Hey, do you like sports analogies ‘n stuff?

This is rich Marin County whacko Elisabeth Theriot’s inchoate SLAPP lawsuit against TheWrap blog, IMO:

See? Kicker Garo Yepremien tried to score a few points but then opposing counsel filed a special motion to strike that was so special that discovery was immediately halted. Then he lost the hearing and that was the end of the suit, it looks like. I’m saying Elisabeth Theriot got pwned in court.

With a quickness.

Which, you know, this kind of thing doesn’t happen every day so that’s why I made a post about it.

But now the world is supposed to end tomorrow ‘n stuff and there’s no Mayan Prophecy “film” to see.

Oh well.

Now, what about San Francisco Examiner President and Publisher Todd Vogt? Do you think he got some sort of request or demand or something from rich Marin County whacko Elisabeth Theriot or the wire service or somebody to take down the wire story on these topics, you know, that used to be posted right here?

Why would the ‘Xam have a page dedicated to rich Marin County whacko Elisabeth Theriot (just look at the URL bar) with nothing to say about her? It’s because the story about her that used to be there is no longer there.
Is there cowardice here?

I’ll tell you, TheWrap.com stood up to rich Marin County whacko Elisabeth Theriot and was/will be rewarded with mandatory attorney fees as a kind of reward.

Why couldn’t/can’t the ‘Xam stand up to rich Marin County whacko Elisabeth Theriot too?

I don’t know.

Now I’ll tell you, when an actual newspaper (improperly, IMO) caves to some rich lady, that just might have the effect of emboldening her. Then she just might start going after poor, defenseless WordPress bloggers.

But maybe I’m way off on this one.

If so, please somebody disabuse me.

* I call it a video because it was (mostly?) recorded on digicams – no film required. The current title of this still-troubled production is Mayan Revelations & Hollywood Lies. It’s delayed. It’s nonsense. Oh what’s that, we’re going to see just how important that Long Count calendar is tout de suite? No we won’t. Sorry. Oh, over the coming decades? No we won’t. Sorry.

So This Blog is Getting Sued by a Former Chronicle Publisher Wife? Read the Lawyer Letter – Why is the ‘Xam Afraid?

Friday, October 5th, 2012

[UPDATE 2013: My grandmother, who's on the wrong side of fifty but the good side of 100, is still driving her new Hyundai around and, bonus, she doesn't spend any of her hard-earned on SoCal lawyers. And her recent stomach surgery went well, so that's nice.]

Hey look what’s sitting in my Spam folder right now – it’s a scary letter from a Los Angeles attorney demanding that this blog be retracted.

Immediately.

Can you imagine?

Here’s what caused the trouble:

“Pwned! Area Socialite Elisabeth Thieriot Loses Her “SLAPP” Lawsuit against Journalists in L.A. – Mayan Prophecy”

And here’s the vast bulk of the resulting lawyer letter:

Click to expand, if you dare.

Now I can understand why the San Francisco Chronicle might not want to get involved with all the allegations surrounding the making of some movie project about the Mayan calendar deal. You know, relationships ‘n stuff. And plus, it’s not like a whole bunch of people are going to watch this flick.

So that’s one thing, but the San Francisco Examiner, did it get a similar letter earlier this year? You make the call. See? Earlier this year it used to have something to say about Elisabeth Thieriot and the Mayan Prophecy and Mexico and whatnot, but not now. Mmmm. Did the San Francisco Examiner take down a Reuters news story on this topic because it was afraid of getting sued? Sure looks that way.

Of course that online trade journal TheWrap did get sued. For one million dollars to be exact. But then it responded with a Motion to Strike and that took care of that. And then TheWrap wrote about how it won, big-time. Then I linked to its story (and the entire decision itself) and now it sure looks like I’m the next to get sued.

Comments:

Uh, do I know that this lawyer represented/s that lady? No, not all. I mean, I assume that’s the case, but what’s this “as you know” stuff?

Does the lawyer really want/expect me to retract the entire blog, all 6000 posts? (Does the lawyer actually know what a blog is? Apparently not.)

Does the lawyer want to write my blog posts for me, you know, using his point of view? Sure looks that way. Is that his right? And how can I retract something that’s not wrong?

And I’m supposed to rely on CA law about retractions that apply to the MSM, but not really? So what’s the point of bringing that up? 

And I’m “not authorized” by the lawyer to disclose the contents of the lawyer letter so I can’t do it? Really? Well, similarly, I’m not authorized by that lawyer to have a delicious Taco Bell Doritos Locos taco for lunch, so does that mean I can’t have that for lunch IRL? And I can’t show the letter to anybody, even to get help with how to respond? Is that fair dinkum? I think not.

So who else in the bay area has gotten these kinds of communications from Down South? I don’t know.

Anyway, I guess I’ll take that email chain* out of the Spam folder and put it into the Archive folder and await further developments.

But I’ll think to myself, “Man, don’t you realize you just lost, in a big way, on the very same topic in the very same state?” 

KTHXBYE.

*Apparently, Elisabeth Thieriot herself sent me an email last month as well, on purpose, or by mistake, or something in betwixt. I’ll tell her what I told my grandmother,** about how Reply All is kind of an advanced email technique best left to the younger generation, you know, so you don’t email people by mistake.

** I still can’t believe she got a Hyundai, after all those decades of her having large RWD Ford products such as the Mercury Grand Marquis.  She says her new ride is a “good  snow car.”

Pwned! Area Socialite Elisabeth Thieriot Loses Her “SLAPP” Lawsuit against Journalists in L.A. – Mayan Prophecy

Monday, September 17th, 2012

Here’s the news:

A Los Angeles judge threw out a lawsuit against TheWrap News on Wednesday, ruling that an article about movie financier Elisabeth Thieriot was both accurate and “took pains” in reporting on a production dispute with her co-producer. Judge Barbara M. Scheper of Los Angeles Superior Court sided with the news organization in granting an anti-SLAPP motion to dismiss Thieriot’s complaint on the grounds that it had no probability of success on its merits.”

And you journos should check out the ruling – it’s very accessible.

Background:

Area Whacko Elisabeth Thieriot Hosted a Mayan Spiritual Leader in Tiburon and She Wants You To Know ALL About It

The Second-Best Bay Area-Related Press Release of 2012: Elisabeth Thieriot Manages to “Survive” “False Accusations”

Now, is she going to pay the attorney fees for both sides of this fiasco? Only Time Will Tell.

Now let’s see what the San Francisco Examiner has to say about all this. Uh oh, you’re still afraid, huh ‘Xam? So that’s why you took down all what you said about ET, huh? Fair ‘nough.

ET and Mr. Bigglesworth, Marin County, USA: 

And remember to KYAG by December 21, 2012, you know, when the World ends.

Will the world end in the night time?
(I really don’t know)
Or will the world end in the day time?
(I really don’t know)

PS: Fur is murder

Mid-Market Update: Cut-Rate Groceries Sold on the Sidewalk – The Pink Bag Mafia is Back on 7th Street

Thursday, December 22nd, 2011

Here are about ten sellers in a row this morning on the corner of 7th and Market in the heart of the corrupt Twitterloin.

Cream cheese was the order of the day:

Click to expand

Appears as if San Francisco’s seniors have more than enough food, but not enough cold hard cash.

I inquired about Crispy Hexagons, but there was no reply.

No reply at all.

Yet More Attention for the Mean Streets of the Twitterloin: SFPD Busts Pink Bag Mafia Selling Donated Food in Mid-Market

Thursday, September 8th, 2011

Bluoz has the deets on this kind of behavior.

SFPD: ”Hello!? Go home!”

Via Bluoz - click to expand

The Case of the Crispy Hexagons: Famous Akit Can’t Abide Food Bank Abuse From Our Determined Senior Citizens

Tuesday, August 23rd, 2011

So yeah, sometimes our seniors don’t really need to eat the food that they line up for at area food banks and churches and whatnot, but what are you going to do? It’s a lifestyle thing.

Get Famous Akit’s emphatic viewpoint on this issue right here.

Now, here’s the video from KTVU, complete with numerous Crispy Hexagons sightings. (Mmmmm….orthogonal.)

The weekly scene at Willie Brown’s old church in the Western A:

Click to expand. 

So sure, some of them start horse-trading immediately (a big no-no near Glide Memorial – they want you to at least cross the street before dickering) and others sell their stuff down at U.N Plaza (that Mistake by the Lake, or fountain, whatever.)

And others, in more suburban areas such as the Western Addition and the West Bay, load their booty into the boots of their aging GS V8 Lexuseses.

But, what can you do?

D2 Update: Janet Throws Down – Files FPPC Complaint, Mark Gets Endorsed by SFChron, and Kat Endorses Mark and Abe

Friday, October 29th, 2010

I don’t know, I’m not competent to weigh in on the pros and cons of Janet Reilly’s FPPC complaint against Common Sense Voters, SF 2010. But here it is, just released this afternoon:

Reilly Press Release – 10-29-2010

FPPC Complaint Against Common Sense Voters

Part of this fuss is over this NotJanetReilly website, which appears to have something to do with “Salsa Labs” and yet, amazingly,  doesn’t crash when you look at it.

So that’s that, moving on.

Mark Farrell‘s Facebook page is something I hadn’t seen before – it’s filled up with well-wishes from the high and mighty. See?

District 2: Farrell is voice of restraint

And Kat Anderson is out with some releases today as well. I’d have to call this graf below evidence of a co-endorsement. Only candidate Barbara Berwick has co-endorsed in D2 so far AFAIK, so this is news:

“VOTE TO ELECT A MODERATE REPRESENTATIVE. Please fill out your absentee ballots and mail them now.  Or, you can walk them to your polls on November 2nd.  You can also go to the Department of Elections at City Hall and vote early.  And, of course, you can engage in a great right and ritual on November 2nd, and go vote at your polling place.  Be sure to encourage all of your friends to GET OUT THE VOTE and to support the true moderates:  KAT ANDERSON, MARK FARRELL AND ABRAHAM SIMMONS.”

See Kat’s plans for Halloween after the jump.

And oh geez, here’s more about the recent, big-money independent expenditure – hear from Frank Jordan (is he alleging a crime when he puts “independent” in quote marks?) and Louise Renne too.

That’s it, that’s your final D2 Update for the day.

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Pwned! San Francisco Law Firm Barroway Topaz Drops the Hammer on American Apparel

Tuesday, August 31st, 2010

I’ll tell you, when your stock price goes from $15 per share all the way down to less than the cost of a BK Buck Double, you’ve got to start worrying about one of them shareholder derivative class action lawsuits.

As here, today, in the 415, where the San Francisco law office of Barroway Topaz Kessler Meltzer & Check, LLP right there at 580 California Street has just announced such a suit.

What’s the beef? Well:

“…the Company failed to disclose and misrepresented the following material adverse facts which were known to defendants or recklessly disregarded by them:  (1) that they had made “diligent efforts” to comply with labor and employment regulations, when in fact they had not done so; (2) that they failed to disclose to investors, and made false statements regarding facts surrounding the Company’s illegal hiring practices and its effect on the Company’s operating costs and margins; (3) that they failed to disclose or indicate that the Company lacked adequate internal and financial controls; (4) that they failed to disclose that, as a result of the foregoing, the Company’s financial statements were materially false and misleading at all relevant times; and (5) that they failed to disclose that, as a result of the foregoing, their statements regarding the Company’s prospects were false and misleading at all relevant times.”

Uh oh. Is this the beginning of the end for those sexy, NSFW, ubiquitous and risque Internet ads?

Possibly. First, all that trouble down in the Mission, and now this.

All the deets, after the jump

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CitiApartments Pwned by City Attorney Dennis Herrera – $50K in Penalties for Obfuscation, Delay

Tuesday, February 2nd, 2010

Our three-term City Attorney Dennis J. Herrera has just released the news about how San Francisco recently won a little compensation to pay for all the extra work it’s doing to bring poorly-rated CitiApartments / Skyline Realty* to justice. Keep in mind that these penalties are not to punish (’cause that part will come later). No, no, this $50K is just to pay us back for the extra expenses we recently incurred due to relentless foot-dragging from the infamous Lembi Family et alia.

Poor Judge Munter had to spend half of the hearing deciding how to divvy up the penalties among all the interrelated defendants. Oh well.

Read all about it here, or below.

San Francisco’s Happy Warrior: His middle name is Jose, his son speaks Mandarin Chinese and he’s been working on gay legal issues for donkey’s years, at least since the 1990′s - do you think all that might help him if he decides to run for Mayor in 2011?

Pwned:

Herrera wins Court sanctions against CitiApartments for “obfuscation, delay.” Landlords’ defiance in the face of City Attorney’s ‘Herculean efforts’ triggers order to cooperate with discovery, pay $50K sanction

SAN FRANCISCO (Feb. 2, 2010) — City Attorney Dennis Herrera has won Court-ordered sanctions against a labyrinthine web of defendants involved in the operation of CitiApartments and Skyline Realty, the residential property management and investment behemoth Herrera first sued in 2006 for its stunning array of unlawful business practices.  The order, which was signed by San Francisco Superior Court Judge John E. Munter last month and obtained this morning, compels each of the two-dozen corporate, trust and individual defendants currently named in the suit to respond to discovery requests in compliance with rules of civil procedure, and to pay sanctions to the City totaling $50,129.50, which reflects San Francisco’s fees and costs to pursue its motion to compel.  Munter’s order requires all of the defendants to comply with the order by Feb. 19, 2010.

“CitiApartments deserved to be sanctioned for its continued defiance in this case, and I’m gratified to Judge Munter for calling these tactics exactly what they are — ‘obfuscation, delay and meritless objections,’” said Herrera.  “I hope this sanction sends a message to Frank Lembi, Walter Lembi and all of the defendants responsible for CitiApartments’ lawless conduct that there is a limit to judicial patience, and they’ve reached it.  This has been a long, difficult case to address what is perhaps the most egregious corruption of San Francisco’s residential housing market in modern history.  We remain committed to pursuing this case aggressively, and I hope these sanctions are a tipping point that hastens our progress toward a just outcome.”

All the gritty nitty, after the jump.

*Let me tell you something here, whenever you’re paying your monthly rent to “LSL Property Holdings II DE LLC” or something, don’t be surprised when you have trouble getting your deposit back. This case is a morass. Anywho, your defendants:

“Skyline Realty Inc., Citiapartments Inc., Citi Funding Group Inc., Citisuites LLC, Lembi Group Inc., Lembi Group Partners LLC, Urban Property Management, Inc., Citiwide Rentals, Inc., Frank Lembi, Walter Lembi, David Raynal, Taylor Lembi, Frank Lembi As Trustee Of The Frank E. Lembi Survivor’s Trust Dated February 17, 1984, As Restated On June 2, 1999, Frank Lembi, As Trustee Of The Olga Lembi Residual Trust Created Under The Provisions Of Part Three Of The Lembi Family Trust Dated February 17, 1984, Walter Lembi, As Trustee Of The Walter And Linda Lembi Family Trust Dated June 30, 2004, David Raynal, As Trustee Of The David M. Raynal Revocable Trust Dated May 9, 2002, 737 Pine DE LLC, 737 Pine B10 DE LLC, 737 Pine B10 Mezz DE LLC, 1155 LLC, Gaylord Hotel LLC, LSL Properties B14 DE LLC, LSL Property Holdings II DE LLC, LSL Property Holdings II Mezz LLC, Nob Hill Tower DE LLC, Nob Hill Tower Mezz DE LLC, Prime Apartment Properties LLC, Prime Apartment Properties B10 DE LLC, Prime Apartment Properties B10 Mezz DE LLC, Trophy Properties B10 DE LLC, Trophy Properties IV DE LLC, Trophy Properties IV B8A LLC, Trophy Properties IV Mezz DE LLC, Trophy Properties V LLC, Trophy Properties V DE LLC, Trophy Properties VI LLC, Trophy Properties IV B8A Manager LLC.”

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Dennis Herrera Throws Down – Office Depot Audit Reveals Millions in Overcharges

Monday, December 21st, 2009

San Francisco’s recent audit of office materials supplier Office Depot has prompted City Attorney Dennis J. Herrera to take action today. See the deets below and the .pdf after the jump.

And follow all the action on the Twitter.

San Francisco’s Happy Warrior certainly is unhappy with the Office Depot today.

Herrera Issues Demand Letter to Office Depot in Wake of S.F. Controller’s Audit

City Attorney prepared to ‘vigorously pursue’ $5.75 million in overcharges plus interest, costs and attorney’s fees

City Attorney Dennis Herrera has issued a demand letter to Office Depot expressing his intention to “vigorously pursue” at least $5.75 million in overcharges together with interest, attorney’s fees, and costs incurred by the City in conducting the audit. The demand letter follows the release of an exhaustive audit report by the Office of City Controller Ben Rosenfield. The Controller’s 96-page audit concluded that, among other overcharges, the Boca Raton, Fla.-based office products supplier failed to provide the City with contractually mandated discounts for items covered by the 5-year contract, which was valued at some $18 million.

Wrote Herrera: “Any resolution of this matter must include compensation to the City for the costs of the audit, and for attorney’s fees, as well as full reimbursement for price overcharges, with interest…If the City is unable to obtain a satisfactory informal resolution of this matter, I will not hesitate to pursue the matter in court. Further, if court action becomes necessary, rest assured that my office will vigorously pursue the City’s claims to the fullest, including seeking civil penalties and debarment, if appropriate.”

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