Posts Tagged ‘Judge’

Lawyer’s Corner: RPD Says Slacklines and Hammocks Violate the Park Code, But Do They Really?

Friday, April 10th, 2015

Here you go, this was just the other day in GGP:

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RPD calls this kind of thing “affixing items to trees” on their newish signs, but I don’t see where this language comes from, you know, in the SF Park Code.

So yeah, if you cut down a big tree to have some fun with the stump, I can see how that’d be citeable.

But I don’t see how slacklining or romantic hammocking is an automatic violation of the SF Park Code.

So, I’m saying the newish signs from RPD are incorrect.

So I’m saying that the RPD should go to the BOS to fix this sitch,

JMO

Wow, SFPD Enforcement Action at Oak and Masonic – Massive Number of Luxury / Electric Cars Pulled Over, Over and Over

Monday, March 23rd, 2015

Here’s what it looks like – an SFPD enforcement action, this latest one at Oak and Masonic. (Note modern-looking SFPD Kawasaki Concours 14P (which looks to me like a CHP BMW) juxtaposed with the ancient Harley Davidsons what make up most of the Motor Patrol.)

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This action meant that every driver who commited some infraction turning left from inbound Oak onto northbound Masonic got pulled over at the Masonic Chevron.

One supposes that the new left turn arrow phase at this intersection was the instigation for the enforcement action. (Back in the day, traffic didn’t back up during the Morning Drive due to the Double Left Turn that’s no longer there, owing to concerns over ped safety, one supposes.)

All right, here’s your money shot, here’s your scene at Fell and Masonic with a brace of drivers, drivers who “know” they’re special, so fucking special, you know, your Prius hybrid drivers, your Range Rover drivers, and your new funky BMW i3 (with absurdly tall, absurdly narrow Conestoga wagon wheels) electric car drivers:

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That was the scene I initialy came upon and this is the same area as I left. Note the all-black Mercedes Benz, Audi and Lexus. It’s not a coincidence that the drivers of all these cars got pulled over at the same time, just saying:

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Of course, the SFPD will also pull you over if they notice you doing something wrong going the other way, but the funny thing was that the two cars I saw getting pulled over heading south on Masonic, against the current, heading towards the Financial, were normal ones, like VW Golfs. (I’ll ask you, should you ever be proud of your car? The answer is that no you shouldn’t be, because Pride Goeth Before The Painful Traffic Ticket What’s Going to End Up Costing Your Four Figures. JMO.)

Moving on, to this – peds coming up to chat up the cops to cheer them on.

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Now I’ll tell you, I didn’t see any driver run a red during the time I was at these intersection taking photos of the enforcement action, but I was paying more attention to the cops as opposed to the drivers. And I’ll note that sometimes the traffic lights would cycle red green red green red green without anyone getting pulled over.

I’ll leave you with this, my misfocused shot of a ped giving a black power salute to the SFPD to thank them for this latest enforcement action:

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What Comes After Silk Road? Silk Road 2.0, Of Course – The Feds Crack Down in SF, Once Again – Blake Benthall Arrested

Thursday, November 6th, 2014

Did this guy from San Francisco, Blake Benthall, aka Defcon, aka @blakeeb, just get busted by the Feds yesterday? Take a look at the FBI’s press release, below.

And here’s the Complaint – Hotel 1, Hotel 2, Twitter, GitHub, etc

Via Ryan Mac:

yearofhtemac

So, Homeland Security infiltrated SR2 with an undercover agent, one named “HSI-UC?” Gee, just how many undercover feds are operating in the 415 these days? A dozen? Three dozen? Who knows.

Big Blue, the Old Federal Building at 450 Golden Gate in the Twitterloin,will be a busy place today…

“Operator of Silk Road 2.0 Website Charged in Manhattan Federal Court – Silk Road 2.0, Launched in November 2013 After Its Predecessor was Shut Down by Law Enforcement, Has Enabled More Than 100,000 People to Buy and Sell Illegal Drugs Anonymously Over the Internet

U.S. Attorney’s OfficeNovember 06, 2014

Southern District of New York(212) 637-2600
FBI New York Press Office(212) 384-2100

Preet Bharara, the United States Attorney for the Southern District of New York, George Venizelos, the Assistant Director-in-Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), and Peter Edge, Executive Associate Director of Homeland Security Investigations (“HSI”), announced today the arrest of BLAKE BENTHALL, a/k/a “Defcon,” in connection with his operation and ownership of the Silk Road 2.0 website, a hidden website designed to enable its users to buy and sell illegal drugs and other unlawful goods and services anonymously and beyond the reach of law enforcement. BENTHALL was arrested yesterday in San Francisco, California. He will be presented later today in federal court in San Francisco before Magistrate Judge Jaqueline Scott Corley.

Manhattan U.S. Attorney Preet Bharara said: “As alleged, Blake Benthall attempted to resurrect Silk Road, a secret website that law enforcement seized last year, by running Silk Road 2.0, a nearly identical criminal enterprise. Let’s be clear—this Silk Road, in whatever form, is the road to prison. Those looking to follow in the footsteps of alleged cybercriminals should understand that we will return as many times as necessary to shut down noxious online criminal bazaars. We don’t get tired.”

(more…)

The Goldest Lamborghini in Town – Bienvenidos a Miami! – Let’s Talk License Plate Violations

Tuesday, August 5th, 2014

Florida plates, BTW.

Or should I say, Florida plate, as this gold exoticar doesn’t have a front license plate, which is a no-no in The Golden State.

And of course, you’ve got less than three weeks after moving to California to deal with the California DMV, but I’ll tell you, most Lambos you see in SF aren’t properly registered with CA DMV.

Anyway, this car reminded of Dennis Rodman’s old ride, one that’s being used as a daily driver by a CCSF student.

Stay gold, Lambo owner. Bienvenidos a 415 / 628 / 650!

SFGate Properly Covers an Offensive Charm Offensive from Ugly Billionaire Vinod Khosla – Plus CW Nevius and Sean Parker

Monday, July 28th, 2014

The first rule of Fight Club is, of course, Don’t Talk About Fight Club!

Similarly, the first rule of managing property that’s a part of the coast of California is It’s Very Hard To Manage Property That’s A Part Of The Coast Of California!

If you don’t already know this, then you might be a naive billionaire like Vinod Khosla. Or Sean Parker, who didn’t know(!) he needed to get permits to do what he done with his recent wedding.

Hey, here we go:

Vinod Khosla blames costly demands for Martins Beach trial, by Peter Fimrite

Now this is a remarkable bit in that the writer had to use the word “said” 19 times. Check it:

So I guess that the Vinod Khosla PR people feel that this new article helps to make up for stuff like this:

Martins Beach billionaire evades questions on stand

But I don’t think so.

In any event let’s praise writer Peter Fimrite for not falling into the CW Nevius trap of believing everything a source says hook, line, and sinker, and then regurgitating it in the pages of the Chronicle. No no, Peter Fimrite plays it straight.

Here we go:

“The ugly courtroom clash over Martins Beach, near Half Moon Bay, would not have happened if government and environmental zealots had not made unreasonable and costly demands, billionaire investor Vinod Khosla said Thursday in defense of a beach closure that has captivated Californians up and down the coast.

Gee Vinod, you didn’t know that doing anything on the coast is hard? Are you stupid?

“If they wanted you to make your backyard a park, would that hurt you?” he asked.

The reply to this is that Martin’s Beach is not anyone’s backyard.

“The Coastal Commission and the county have been completely unreasonable. They have been taking an extreme view and don’t want to compromise on anything.”

Well, IMO, from an outsider’s perspective, is that they haven’t been unreasonable at all.

“The founder of Khosla Ventures characterized the lawsuit Thursday as a dishonest attempt to wrest control of his property regardless of his rights while, at the same time, impugning his reputation.”

Well, make a deal now and your reputation will improve, Vinod.

The fact is, he said, Martins Beach had been run like a business by the previous owners for many decades. The Deeney family set up the first cabin in 1918 and continued building through the 1950s.

 Uh, this was a vanity purchase from a billionaire. Martins Beach really isn’t a “business,” right?

“What’s amazing to me is that we did not change anything about how the property had been run for 50 or 60 years and then one day out of the blue we got a letter from the county saying we had to have 1973 prices and be open 24/7,” Khosla said, meaning he was limited to charging the visitors only $2 and could never close the gate. “Does the county charge 1973 prices?”

So there’s just three paying customers a day and what they get charged will make or break the “business” of Martins Beach? Does that make sense?

Speaking of which, why does this billionaire dude care about the reputation of some business in Marin?

The shellfish operator’s lease was not renewed and Khosla said the organization’s reputation was wrongly and unfairly dragged through the mud in the process.

Oh well. Leaving you with this:

“Who is going to take a half-million dollars in liability and losses for something that is actually dangerous?” he asked…”

I can answer: a naive billionaire.

San Francisco’s Most Famous Car of 2014: A “Mirror-Finish Aston Martin Rapide, Because Eff You, That’s Why”

Wednesday, June 11th, 2014

[UPDATE: Word on the street is that the driver lives in The Avenues, where he has a rep for driving too fast out there. Word on the street is that the driver has a “neckbeard.”]

I seen this $200k+ Aston Martin Rapide all over town – I seen it I seen it! In the Financh, the SoMA, the Fillmore, pretty much all over the 1/8th of a pie slice that is northeastern SF.

(This ride has now officially stolen the thunder of that Kandy-Kolored Gold-Flake Streamline Baby Lambo used as a daily driver(!) by a CCSF junior college student.)

So, why the mirror finish, dahling? Well, per Arlen of Flickr, “because fuck you, that’s why.”

And, has this garish Aston been registered in California yet? Well, maybe, but if it has a CA license plate, it’s certainly not mounted on the back where it should be, and that’s odd, because it’s been in town for a while, oh well.

Who can solve this mystery?

As seen being driven, poorly, in the Upper Fillmore area…

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This Billboard Against Distracted Driving has Lost Its Punch – Three Judge Panel Interprets Cell Phone Law

Tuesday, March 4th, 2014

Mmmm, what if these people are just looking at maps – is that OK under California law these days?

Maybe.

Click to expand

Ouch, “Friends” No More: Lawyer for the Agent Lisa Kudrow Stiffed Calls Her an “Unsophisticated Actress Client”

Friday, February 28th, 2014

Boy, there are two interesting grafs here.

In a statement, Kudrow’s attorney Gerald Sauer said, “The jury’s verdict is merely one step in the legal process. This case ultimately will be resolved at the appellate level. Ms. Kudrow has faith in the judicial system, and she believes that the eventual outcome of this contractual dispute will be in her favor.”

How do think jurors feel after hemming and hawing day after day, sweating the details, you know, only to be told their brand-new decision just doesn’t matter?

NOT GOOD, prolly.

But it gets better:

In a statement of his own, Scott Howard’s attorney Mark Baute countered, “What generally happens now with unsophisticated actress clients is they overpay for filing a frivolous appeal that has no chance for success. The verdict is rock solid, and we look forward to collecting 10 percent, 16,000 dollars a month, in post-judgment interest while their frivolous appeal is pending. We will collect that interest for two years, which is how long it will take for the Court of Appeal to affirm this jury’s righteous verdict.”

Oh, so this kind of thing happens all the time, not with actors generally, but specifically with actresses, the “unsophisticated” ones, and just from recent cases, so we can generalize this particular case and know for sure what’s going to happen? Wow.

Now if I were Lisa Kudrow, I’d be thinking, mmm, the math’s off a bit, but mmmm, maybe I should cut a deal right now.

Is what I’d be thinking…

Beach Chalet Soccer Field Decision is a Clean Victory for the San Francisco Recreation and Park Department

Wednesday, December 4th, 2013

Or so it would appear.

Watch RPD take a victory lap right here:

“Judge Dismisses Lawsuit Against the Beach Chalet Athletic Fields Renovation in Golden Gate Park

Beach Chalet Soccer Fields Renovation To Proceed

For Immediate Release
December 4, 2013

SAN FRANCISCO, CA – The San Francisco Recreation and Park Department and the City Fields Foundation announced today that California Superior Court Judge Teri L. Jackson has ruled in favor of the renovation of the Beach Chalet Athletic Fields in San Francisco’s Golden Gate Park.

“After considering the evidence, arguments and applicable law, the court DENIES the petition for writ of mandate and DISMISSES the Complaint in entirety,” Judge Jackson stated in her decision,

Judge Jackson found that the Environmental Impact Report (EIR) and subsequent approvals were conducted in accordance with the law, paving the way for construction to begin. Judge Jackson ruled against the plaintiffs on all four major motions they filed.

“This is a huge victory for the youth in our city who need clean, safe places to play,” said Phil Ginsburg, General Manager of San Francisco Recreation and Parks. “Perhaps the most vetted project in the history of the city, the new Beach Chalet soccer fields will be a welcome addition to the west end of Golden Gate Park and will help activate the area with fun, appropriate activities.”

“Our partnership with Recreation and Parks started nearly eight years ago with one simple goal, making sure that every San Francisco child has a place to play ball,” said Susan Hirsch, Project Director for the City Fields Foundation. “Today, we’re one big step closer to achieving that dream thanks to the tireless commitment of San Francisco’s kids, families, athletes and hundreds of donors making this project possible.”

Primarily used by kids (more than 12,000 play there each year), the Beach Chalet fields are in dangerously poor condition and closed 50% of the time to preserve the condition of the grass fields from heavy use and rain. Currently, the fields are only open by paid reservation and lack spectator seating and amenities.

Today’s judgment is the most recent affirmation of the Beach Chalet Athletic Fields renovation, continuing a multi-year design, review, approval and appeal process that has included eight votes in front of six different government bodies, including the California Coastal Commission, the SF Board of Supervisors, SF Planning Commission, SF Recreation and Parks Commission, and the Board of Permit Appeals. Each of these bodies has voted in favor of the project, San Francisco Recreation and Parks and the nonprofit City Fields Foundation are jointly funding the $14,000,000 renovation of the Beach Chalet Athletic Fields. Construction is anticipated to begin in winter-spring 2014 with completion in 2015.

By installing synthetic turf and field lights, playtime on the fields will triple to more than 14,000 hours of annual playtime, 5,700,000 gallons of water will be saved annually, and the entire facility will become more welcoming with rehabilitated restrooms, spectator seating, a new plaza and small play structure for kids, plus new picnic tables and barbeques for all to enjoy. As synthetic turf can be used continuously with no need to rest for rain or regrowth, free, open play time will also be guaranteed on the fields – something not possible on most other city soccer fields.

http://webaccess.sftc.org/minds_asp_pdf/Viewer/DownLoadDocument.asp?PGCNT=0

What People are Thinking But Not Saying About the Michael Petrelis / Supervisor Scott Wiener Peeping Tom Conviction

Friday, June 14th, 2013

All right, so we have last year’s post, peaking-at-wieners-wiener-in-city-hall,” from blogger Michael Petrelis:

“Scott Wiener was standing at the urinal and had just started to tinkle as I entered and the camera took 4-6 seconds to focus, enough time for him to put away his wiener and zipper up.”

Of course when I think of the word “peeking,” I’m thinking it’s to:

“Look quickly, typically in a furtive manner.”

Now let’s see how California Penal Code subdivision  647(j) might apply here:

“647. Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor…
(j) (1) Any person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.”

So, where’s the “injustice” here?

I’m not seeing it.

Les mise-en-scene. (This shot could be used to show how the mirrors on the second-floor bathroom at City Hall were mounted too low, just saying)

So this…

“It gives me great pleasure to announce that my legal hassle with an elected official, after he abused the power of his office as a member of the Board of Supervisors to put me through the law enforcement wringer over eight months and waste $26,000 in City dollars, has concluded.”

…is wrong. It’s the kind of thing you’d say after getting acquitted perhaps, but it doesn’t apply to this case, IMO.

And this too…

“Had I taken a photo of an ordinary gay citizen in a public men’s room, and he complained to the legal authorities about it, I seriously doubt the complaint would have resulted in the investigation and prosecution I have faced.”

…is wrong. I mean, this is testable, right? Go do the same thing again to an “ordinary gay citizen in a public men’s room” and you just might have another expensive legal hassle from The Man.

Supervisor Scott Wiener is super-human. That’s why he’s so tall and why he only needs to sleep just three hours* every Earth-day, correct? He came to our planet to fight for the rights of millionaire property owners and members** of the Golden Gate Restaurant Association, which is his right to do.

He should be able to do so without having to worry about camera-toting Mike Petrelis whenever nature calls.

Anyway, that’s not necessarily what people are saying online.

It’s just what most people are thinking.

*Or so I’ve been told, something like that. Prove me wrong!

**The members with unpopular restaurants especially. These crybabies want a free market except when they don’t. Someday we’ll get San Diego-style cleanliness letter grades posted in front of restaurants the way Chris Daly wanted. Someday.