Posts Tagged ‘motion’

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

Know Your Faked Viral Videos, Made with GoPro Cameras or Not, In San Francisco or Not, Involving Seagulls or Not

Thursday, September 13th, 2012

This one was for Lego Indiana Jones something, recorded in Potrero Hill by the Butler or something ad agency up in Marin County:

Yeah, fake.

For these reasons and more:

And here’s a faked GoPro seagull video made in France:

And here’s the latest, a faked GoPro video made in San Francisco by a woman from France, apparemment, you know, ostensibly:

In closing, GoPro, GoPro, GoPro! Yay for GoPro! Buy one, or three, today!

The San Francisco “Gymkhana Five” (Gymkhana 5) Video is Coming from Ken Block – It’s Amazing!

Friday, July 6th, 2012

It’s coming on Monday, July 9th. Teaser videos below.

But first, here’s some of the action caught by amateurs in May.

As promised, Jumping Taylor in a Fiesta. Wow:

And in the Financial, on California, near some fake cable cars:

More in Potrero Hill, on Bike to Work Day 2012:

And again in the Financial, being filmed by a radio-controlled chopper:

And Matier and Ross say that there were donuts being done on the Bay Bridge – did anybody see that?

Now, here’s the new stuff:

Teaser #1 – Impressive – Drifting on a Barge – Chopper Shot

Teaser #2 – All Talk, No Action – Dirt Bike injury? – Man, They Sure are Teasing Us

Teaser #3 – Oh Ma Gah – Drifting and Jumping at the Same Time – Is This Possible?

Free up some time on Monday so you can focus on getting to a place where you can watch this in high def.

#Gym5 is going to be the best thing ever, you’ll see.

These Four Videos Show Why Ken Block’s Recent “Gymkhana V” Filming was the Best Thing Ever – Jumping Taylor in a Fiesta

Thursday, May 17th, 2012

As promised, Jumping Taylor in a Fiesta. Wow:

And in the Financial, on California, near some fake cable cars:

More in Potrero Hill, on Bike to Work Day 2012:

And again in the Financial, being filmed by a radio-controlled chopper:

Matier and Ross say that there were donuts being done on the Bay Bridge – did anybody see that?

In closing, These Four Videos Showed Why Ken Block’s Recent “Gymkhana V” Filming was the Best Thing Ever.

The Wiener Dog in Motion: Proof That All Paws Leave the Ground When Trotting About

Wednesday, June 8th, 2011

Thusly:

Click to expand

Now, here’s how they did it back in the day:

Another “Illegal” Movie Ad Campaign from Sony? “District 9″ Posters in District 5

Tuesday, June 2nd, 2009

Right: 

District 9 is an upcoming science fiction film directed by Neill Blomkamp, set for an August 14, 2009 release date.”

Fair enough, but what’s up with all these viral campaign posters just put up in San Francisco Supervisor Ross Mirkarimi‘s District 5 on Haight Steet in the Lower Haight?

Are these things kosher? I mean, didn’t the Rincon Hill blog just drop the hammer on Sony last week for temporary chalk Angels and Demons sidewalk stencil “grafitti.” Didn’t Sony just apologize to City Attorney Dennis Jose Herrera?

Are stickers a kind of graffiti as well?  

img_6382-copy

Property of Sony Pictures Entertainment Inc.” Click to expand – it gets big.

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Did Sony pay a fee for this? (Doubt it.) Can I advertise my business for free on these poles too?

The World Wonders…

Jerry Brown Strikes Back Against California Prison Receivership

Wednesday, January 28th, 2009

Attorney General Jerry Brown today filed a motion filed today in the U.S. District Court for the Northern District of California urging the court to exterminate with extreme prejudice the state’s pri$on receiver$hip.

Read all about it in the Motion to Terminate. Too difficult to get through? Well then, how about ”Plush Hospitals for State’s Felons” from purported “gossip” columnists Matier and Ross instead?

In a nutshell:

“The Receiver’s $8 billion plan calls for adding 7 new prison health care facilities containing 10,000 new beds for prisoners — that’s 7 million square feet, or the size of 70 new Walmarts. The plan would also renovate space at each of the 33 existing state prisons. A draft of the plan also includes yoga rooms, horticultural therapy, extensive landscaping to obscure prison fences, music and art therapy, regulation basketball courts, quiet rooms, an emphasis on natural light and high ceilings, and a so-called “treatment mall.” A subsequent draft contains most of the same features without the graphic detail.”

On it goes…

Brown Calls on Court to Terminate Prison Receivership

SACRAMENTO – Attorney General Edmund G. Brown Jr. today called on the federal district court to terminate an “unaccountable prison receivership” and its extravagant $8 billion prison construction plan because both violate federal law.

“The court should terminate this unaccountable prison receivership and its $8 billion construction plan, restoring a dose of fiscal reality to the provision of inmate medical care in California,” Attorney General Brown said. “The federal receivership has turned into its own autonomous government operating outside the normal checks and balances of state and federal law,” Brown added.

The Receiver’s $8 billion plan calls for adding 7 new prison health care facilities containing 10,000 new beds for prisoners — that’s 7 million square feet, or the size of 70 new Walmarts. The plan would also renovate space at each of the 33 existing state prisons.

A draft of the plan also includes yoga rooms, horticultural therapy, extensive landscaping to obscure prison fences, music and art therapy, regulation basketball courts, quiet rooms, an emphasis on natural light and high ceilings, and a so-called “treatment mall.” A subsequent draft contains most of the same features without the graphic detail.

The construction of new facilities, as well as the upgrading of existing facilities, is estimated to cost $8 billion. In addition, it will cost $1.7 billion to $2.3 billion per year to operate these facilities. The projected operations cost per inmate is $170,000 to $230,000 per year. This extravagant plan comes at a time when California is facing a fiscal catastrophe and funding for school children is being slashed.

The Termination Motion
In a motion filed today in the U.S. District Court for the Northern District of California, the Attorney General urged the court to terminate the Receivership and his plan for the construction of prison healthcare facilities – because the Prison Litigation Reform Act prohibits judges from ordering the construction of state prison facilities and limits court-imposed remedies to the “least intrusive” possible.

In place of the $8 billion plan, the Attorney General called for returning the prison health care system to the State and the appointment of an interim Special Master to conduct hearings and make proposed findings of fact.

Background
California is under Federal court order to provide health care that is not “deliberately indifferent” to the health needs of prisoners. The State of California is committed to providing such care.

The State – under the receivership – has taken significant steps to improve inmate health care. California has increased health care staffing and filled almost 90 percent of open physician positions, improved emergency response, professional standards, contracting systems, and health care screenings.

In total, California has increased per inmate health care spending from $7,601 per year in 2005-2006 to $13,778 in 2007-2008. By comparison, spending per inmate in federal prisons will be $4,413 per inmate in 2008-2009. The average cost of health care coverage for a single person in California in 2008 was $4,906.

Nevertheless, the Receiver continues to insist on a massive program that would lead to the construction of facilities and amenities that go well-beyond standards required by the Constitution and federal law. The Prison Litigation Reform Act, signed into law in 1996, forbids judges from ordering construction of state prison facilities, and requires that any plan that a court orders be “narrowly drawn, extend “no further than necessary” to correct the violation of the Federal right, and be the “least intrusive means necessary.” (18 U.S.C. § 3626(a)(1)(A))

On August 25, 2008, the Receiver filed a motion to hold the Governor and other State officials in contempt for failing to turn over to the Receiver $8 billion for his construction plans, and the district court ordered the state to make a down-payment of $250 million by November 5.

Subsequently, Brown appealed that decision to the Ninth Circuit, which stayed the district court order. The Ninth Circuit will hear oral argument in the case on February 12, 2009.

Volkswagen Comes to San Francisco to Show Off Hydrogen Fuel Cell Technology

Monday, June 16th, 2008

It seems Volkswagen is making progress with fuel cell technology. VW dropped by a few places in the bay area this past week to show off their latest effort in the development of hydrogen fuel cell vehicles. VW just happens to be introducing their “Tiguan” (tiger plus iguana, in German) crossover vehicle soon, so why not put this experimental propulsion technology in the latest platform?

CNET was there at the W Hotel and they took some photos. Wired also took some shots, plus they have a nice rundown on the whole affair.

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This Tiguan uses hydrogen fuel cell technology, which differs from what BMW has done with hydrogen so far. BMW’s approach is to just modify a typical internal combustion engine so that it will accept either gasoline or hydrogen. Comedian Jay Leno explains. But this method comes with its downsides.

VW was also pleased to show off the new fifty-state-legal Jetta TDI diesel. You can’t hardly tell it’s a diesel. Look to see lots of these TDI cars on the streets of San Francisco soon. It seems everyone who owns a TDI just raves about this high-MPG technology.

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Invizabul driver in the SOMA. This new 50-state-legal Jetta has plenty of power and very high MPG - perhaps you’d prefer this VW over the slightly larger and more expensive Toyota Prius hybrid?   

And let’s not forget about the Jetta TDI Cup Race, which shows the young’uns that diesel engines have come a long way since the bad old days. It’s the first clean diesel racing series evah.

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A  speedy TDI at the yummy XYZ restaurant in San Francisco.

VW says that their hydrogen fuel cell technology is seven to ten years away from being available. The sooner the better.