Posts Tagged ‘lawyer’

Bad News for Amazon Whole Foods: “Court rules that ‘corrective education’ scheme is extortion – Herrera wins on two key issues in case”

Tuesday, August 15th, 2017

(So IDK. I thought that this exact kind of “corrective education” was “offered” to alleged shoplifters at the Whole Foodses of San Francisco, but I don’t know that this Corrective Education Company was the one involved.)

Anyway, I saw this scene at one of my rare visits to the Haight Street WF…

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…and then posted this and this.

And now here comes this, just released:

“Court rules that ‘corrective education’ scheme is extortion – ‘This is textbook extortion,’ court finds. Herrera wins on two key issues in case.

SAN FRANCISCO (Aug. 15, 2017) — City Attorney Dennis Herrera today hailed a key victory against Corrective Education Company after a court ruled that the private, profit-driven business was engaging in extortion and false imprisonment in its “diversion program” scheme.

“We should all be concerned about privatizing our justice system, especially when a business like Corrective Education Company uses the threat of criminal prosecution to intimidate and extort people,” Herrera said. “This ruling goes to the heart of their predatory business model, which is predicated on threats, deception and falsehoods. CEC is enriching itself on the backs of others, and many of the people they prey upon have limited means and are just barely getting by.”

Herrera sued the company in November 2015 over its “corrective education” scheme, asserting that the company’s practices amount to extortion and false imprisonment. The lawsuit was filed in San Francisco Superior Court on behalf of the People of the State of California.

Corrective Education Company contracts with major retailers, and when someone is suspected of shoplifting, they are taken to an isolated room and threatened with arrest and criminal prosecution unless they agree to watch a video created by CEC. In that video, CEC threatens to have suspects criminally prosecuted unless they sign a confession, agree to pay CEC up to $500, and undergo a six-hour “cognitive restructuring” and “behavioral modification” program. Faced with this Hobson’s “choice” between criminal prosecution and participating in CEC’s program, 90 percent of CEC’s victims — upwards of 13,000 Californians — “consent” to enroll in CEC’s program. After obtaining the forced confessions, CEC follows up with phone calls to the victims, again threatening them with criminal prosecution unless they pay CEC hundreds of dollars. CEC has also sent over 2,000 debt-collection letters in which it cloaks itself with prosecutorial authority in further efforts to enrich itself.

CEC operates in more than 25 states across the country.

In a ruling issued Monday afternoon, San Francisco Superior Court Judge Harold Kahn found Corrective Education Company engaged in extortion and false imprisonment.

“The undisputed facts … establish that CEC’s diversion program runs afoul of California’s extortion laws,” Judge Kahn wrote in his ruling granting summary adjudication on the two central issues in the case. “This is textbook extortion under California law, and has been so declared for at least 125 years.”

Numerous jurisdictions in California, including San Francisco and Los Angeles, offer legitimate, pretrial diversion programs that are overseen by district attorney’s offices. CEC operates entirely outside of the criminal justice system and without the approval of local prosecutors.

In his ruling, Kahn ruled that each iteration of CEC’s diversion program in California constitutes extortion and false imprisonment and that Herrera was entitled to an injunction halting the unlawful practices. CEC’s clients have included Walmart, Bloomingdale’s, Ralph’s, Abercrombie and Fitch, Burlington Coat Factory, and Kroger’s.

In the ruling, Kahn wrote: “By the quid pro quo of asking for money in exchange for forbearance in calling police, the retailer and CEC are acting in concert and are jointly liable for the extortionate conduct.”

The specifics of the injunction are still to be fleshed out, as is restitution and monetary civil penalties of up to $2,500 per violation.

The case is: People of the State of California v. Corrective Education Company, San Francisco Superior Court Case No. CGC-15-549094 filed Nov. 23, 2015.

This Expensive Tesla Model S Lacks a Front License Plate, Yet It’s Legal – One Simple Trick

Thursday, July 20th, 2017

So a certain kind of person doesn’t like front license plates, even though Cali is a Front License Plate State. Why, because it mars “the look” of their Porsche, Mercedes, BMW, Audi and/or Tesla. You know some of these people, Gentle Reader. I guarantee it.

Anyway, a subset of this group this is the cohort what takes years to put on their rear license plates, because, IDK, freedom? Because they don’t want to pay bridge tolls? Because they don’t want their, uh, affairs looked into by pesky family attorneys down the road? Because they want their rides to appear “brand new?” IDK.

And a subset of that group are those who drive around without plates but with an 11-99 CHP Foundation / Please Don’t Cite Me For Speeding Because I’m One Of The Good Guys license plate holder.

So that was the wind-up and now here’s the pitch. What kind of illegal behavior is this?

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Surprise! An MFG plate, for MANUFACTURING. And that means that Tesla can send out prototypes or whatever without an FLP

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See?

Manufacturers

vehicle manufacturers license platevehicle manufacturers license platevehicle manufacturers license plate

vehicle manufacturers license platevehicle manufacturers license platevehicle manufacturers license plate

Exclusions: Cannot be used on service vehicles. Only one plate is required on the vehicle.

Statutory Authority: §§9262, 11715

Nice and legal.

🌈

Marin County Attorney Chris Dolan, the Convent Fighter, Hearts Local Media So Much He Bought His Own News Box – Amazing

Friday, May 26th, 2017

Here you go.

And here you go:

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And what was inside? Useless, useless phone books.

I’ll tell you, I’ve never seen this…

 

The Last Person in Frisco to Call a Pedestrian Accident a “Pedestrian Accident”

Tuesday, March 7th, 2017

The preferred word these days is “collision.” Or maybe crash. But collision is #1. So much so that you can read the word four times in three sentences when some reporters report on traffic accidents:

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Now let’s hear from a junior SFMTA spokesperson (Total Cost Of Employment = five figures per month) on the topic of traffic accidents:

“When describing traffic collisions, most of us have grown up using the word “accident.” But traffic “accidents” are preventable, which is why we at the SFMTA refer to them as collisions or crashes.”

Let’s see here, if you crash into something, either you did it on purpose or it was an accident, right? Preventability doesn’t enter into the equation. At all. And if we’re searching for a term for a preventable accident, why not use “preventable accident?”

Moving on:

The words we use can have a powerful influence on the way we view traffic injuries, and calling them “accidents” implies that nothing can be done to stop them.

I’ll disagree again here. Calling an accident an accident does not in any way imply that that nothing can be done to stop them. In fact, studying accidents, like “airplane accidents” for instance, is a really excellent way to determine who was at fault and what can be done differently in future.

How the SFMTA Makes Money: “CHEATED ON? Protect Yourself”

Wednesday, August 17th, 2016

Gee, thanks MUNI.

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Man, I’m being cheated [up]on! I gotta get me a prenup for sure now!(?)

All right, protect yourself.

Play us out, Staple Singers:

Wow, that’s mellow. How about Madonna instead?

Ooh, bouncy! That’s the ticket.

All right, a pre-nup for sure now. Thanks, MUNI bus!

Lawyer Ad or realtor Ad? – As Seen on the Back of a MUNI Bus

Wednesday, August 3rd, 2016

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Those Who Bring Us “Justice” Deserve a Cadillac, Area Lawyer Proclaims, More or Less

Tuesday, January 12th, 2016

You’re so vanity, you prolly think this post is about you…

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Just Released: “MASSIVE COMMUNITY PROTEST AT SAN FRANCISCO DISTRICT ATTORNEY’S OFFICE DEMANDING JUSTICE FOR MARIO WOODS” – Today, Dec 18th, at 11:00 AM

Friday, December 18th, 2015

Here the release.

(That 3% figure sounds low, way low, just saying.)

Justice for Mario Woods Coalition MEDIA ADVISORY December 17, 2015

For Immediate Release

For more information: Nguyen Weeks, Phelicia Jones

MASSIVE COMMUNITY PROTEST AT SAN FRANCISCO DISTRICT ATTORNEY’S OFFICE DEMANDING JUSTICE FOR MARIO WOODS

December 18, 2015 (San Francisco) – Hundreds of youth, families, community and religious leaders throughout San Francisco and the Bay Area will hold a massive rally on the steps of 850 Bryant Street in San Francisco to demand justice for the murder of Mario Woods by San Francisco Police officers. After the rally, the group will march to the offices of District Attorney, George Gascón to demand justice for Mario Woods.

In a Times.com article, John Burris, attorney for the Woods family states, “our view is that this was a person who was shot multiple times at a time when he did not put officers’ lives in imminent danger.” Attorney Burris goes on to mention that the San Francisco Police Department broadly exhibits a “continuing pattern and practice of misconduct.” Other witnesses claim police shot Mario Woods (+20) times.

The national trend of police abuse is all the more troubling in the City of San Francisco as the African American makes up 3% of the population, but continues to be disproportionately impacted by police murders and abuse.

The Justice for Mario Coalition is made up of concerned residents of San Francisco, advocates, leaders and community organizers who want to stop the trend of violence experienced by the black community in San Francisco at the hands of the police. The coalition demands are:

• The immediate removal of Police Chief Gregory Suhr
• Officers be charged with the murder of Mario Woods

Where: Hall of Justice, 850 Bryant Street, San Francisco
When: December 18, 2015 at 11:00 a.m.
Who: Hundreds of community members
What: The San Francisco and Bay Area community demand justice for the execution of Mario Woods who was killed by a firing squad.

ASSIGNMENT DESK: “Corrective Education Company” Now Operates in SF – Shoplifters Pay $320 to Take Course, Avoid SFPD

Friday, February 27th, 2015

Gentle Reporter, get a load of this, from Slate*:

Let’s Make a Deal – A startup helps stores like Bloomingdale’s and Whole Foods give suspected shoplifters a choice: Pay $320, or we’ll call the cops. By Leon Neyfakh

CEC is straight outta Texas, as is Whole Foods, you dig? Well guess where the shopliftingest Whole Foods in all Christendom is located – that’s right, at Haight and Stanyan. Oh, here it is. I’ll tell you, this woman, you can barely see her** here, stood out amongst the shoppers even before she got frogmarched past the deli counter by four(!) dudes:

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So what happened? WF checked its records, checked her for warrants and then set her up with CEC?

“Enquiring” Minds Want To Know.

Here’s what you do, you contact WF and/or the other bidnesses cited by Leon, and then somebody at the SFPD, and maybe somebody at the DA’s office, and then of course Jeff Adachi, you know, for the outrage, and then an actual CEC graduate, and THIS ONE WRITES ITSELF.

*Wow, “alleged” shoplifters, Slate? Like the paramilitaries at Whole Paycheck*** frogmarch away the wrong shoppers all the time? Well, if something like that happens to you, Gentle Reader, then you should tell WF, “I’ll take my chances with the SFPD,” right?

**Purple stockings over tattoos, huge clunky heels, clip clop clip clop…

***I don’t spend a great deal of time at WF but I’ll tell you, man, they have cheaper prices now, like they’re trying to match TJ’s, on organic milk, for example. I applaud.

Learn to love me
Assemble the ways
Now, today, tomorrow and always
My only weakness is a listed crime
My only weakness is… well, never mind, never mind

Oh, shoplifters of the world
Unite and take over
Shoplifters of the world
Hand it over
Hand it over
Hand it over

Learn to love me
And assemble the ways
Now, today, tomorrow, and always
My only weakness is a listed crime**
But last night the plans of a future war
Was all I saw on Channel Four

Shoplifters of the world
Unite and take over

I saw this and it’s clever and cute, but I’m appalled by the ignorantly misunderstood lyrics. “My only weakness is a list of crimes” doesn’t even make sense. “My only weakness is a listed crime” puts the rest of the song in context, and provides a little history lesson about sexuality in England.”

Sorry “Christopher B. Dolan Law Firm,” But All Your New Phone Books Just Went Into the Recycling

Monday, December 8th, 2014

You know, I was just thinking how long it’s been since I’ve seen any waterlogged phone books stacked up on the Streets of San Francisco.

But now, they’re back, all over the place. See?

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But then, nobody picks them up and then they’re garbage. Or recycling.

Hey, how many days does it take for an unwanted stack of phone books to become garbage? One? Two?

And hey, what about the plastic around the phone books – is that the recyclable kind? IDK.

And if a hundred get stacked up outside a large apartment building, then the super’s gotta go through and unwrap each one? Sounds like a chore.

Speaking of which, here’s a dozen or so 2015 415 books in a Recology blue bin:

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Poor naive Dolan Law Firm – all that marketing money, wasted!

I’ve said this before – nobody in the 415 wants your product, phone book industry. What you all should do is deliver your books, unwrapped, direct to Recology and save us all a lot of trouble.

PS: “Opt out” is a lie. That’s just what they want you to do, opt out. Oh, please take all my information, you know, to prove I am who I say I am, so that the phone book industry can rest assured that “bad actors” aren’t impersonating me in order to deprive me of my phone book, for some odd reason, and I’m supposed to “opt out” each and every year, the better to keep track of me? OK fine. And oh, you dinosaurs have a “sustainability report?” Well why don’t you people print it out on paper and send it to me every year, whether I want it or not? GREAT!