Breaking News: Prop R fight back on - David Hernandez to the rescue
David Hernandez posted some breaking news on another thread that I felt deserved its own headline. Excerpts are contained here and the first comment to this post shall contain Davids' entire post.
Breaking News-Prop R Legal Battle
I have just been contacted by an attorney from one of the top Law Firms, if not the top law firm in Los Angeles. I have been offered his help in seeing this matter brought to a positive conclusion.
Proposition R
“Councilmember Term Limits of Three Terms;
City Lobbying, Campaign Finance and Ethics Laws”
My attorney Candice E. Jackson is preparing the documents to be field. As the Bell firm has already filed their withdrawal we shall move forward quickly and will not wait until the Appellate court date on the 28th.
Our argument will be the same as was successful in removing it from the ballot by judge O’Brien but our “Relief” will be to set aside the vote and up hold the unconstitutional ruling.
I have just been contacted by an attorney from one of the top Law Firms, if not the top law firm in Los Angeles. I have been offered his help in seeing this matter brought to a positive conclusion.
So here we are. The fate of Prop R is our hands and we have the a clear mandate in which direction we must go.
My attorney estimates one hundred hours of legal work to see this through the lower courts. Which represents fifteen thousand dollars in fees and expenses. Our first expense was coping the records and the next will be the filing fee.
So here is your opportunity to help with the funding. Please make your check payable to David Hernandez and rush it the PO Box 3245, North Hollywood, California 91609. Please write “Prop R Legal Fund” on the check.
Or you can make it payable directly to Candice E. Jackson Attorney at Law and write “Prop R Legal Fund”. It too can be mailed C/O David Hernandez PO Box 3245 North Hollywood, CA 91609.
Remember this is not tax deductible but is appreciated.
You can follow all the events at my web site www.termedout.com and post your comments on the blog at the site.
Thank You to the crew at Mayor Sam's Sister City, you continue to be a source of strength and support.
Sincerely,
David Hernandez
My check is on the way David.
Labels: proposition r
Posted by Councilman John @ 11/20/2006 02:25:00 PM
21 Comments:
From David Hernandez...
Breaking News-Prop R Legal Battle
I have just been contacted by an attorney from one of the top Law Firms, if not the top law firm in Los Angeles. I have been offered his help in seeing this matter brought to a positive conclusion.
Proposition R
“Councilmember Term Limits of Three Terms;
City Lobbying, Campaign Finance and Ethics Laws”
Before I bring you up to date on the legal challenge to Prop R, I want to take a moment to bring everyone up to speed as to what has taken place from the beginning in the legal realm.
The initial legal challenge was filed August 28, 2006 in the Los Angeles Superior Court. The case number BS104862 was titled Neil A Donner Petitioner vs. Conny McCormack, County of Los Angeles Registrar-Recorder/County Clerk; Frank Martinez, City of Los Angeles City Clerk, Respondents.
City of Los Angeles City Council and Does 51 through 100, inclusive, Real Parties in Interest.
This was a “Verified Petition for Writ of Mandate”. The “Relief” requested was the following;
1. For issuance of a peremptory writ of mandate directly Respondents Conny McCormack and Frank Martinez to remove Proposition R from the November 7, 2006 consolidated ballot in the City of Los Angeles;
2. For and award of costs and attorneys’ fees and
3. For such other and further relief as this court deems proper.
On September 7, 2006 Judge Robert H. O’Brien issued his ruling and granted the “Peremptory Writ of Mandate” and the proposition was removed from the ballot. The judge found that the proposition was a violation of Article XI, Section 7.5 of the California Constitution in that it combines two subjects in one measure.
The City appealed and a hearing date is set in the Appellate court on Tuesday November 28, 2006. The Appellate court case number is B19351.
While waiting for the appeal the Appellate court placed it back on the ballot. They did not over rule Judge O’Brien’s decision or claim it was constitutional, they only put it back on the ballot to give the voters an opportunity to vote in the event the Appellate court over turns the lower courts decision. As it stands right now, Proposition R is unconstitutional.
Mr. Donner is represented by the law firm of Bell, McAndrews, Hiltachk & Davidian in Sacramento, California. The local attorney on record is Paul T. Gough of Sherman Oaks, California. The action was supported and funded by US Term Limits of New York. Paul Jacob was the lead man from the group on the Prop R action.
Another legal action dealt with the language of the Ballot Measure and the Ballot Statement. This was the action in which Mr. Jeffrey Jacobberger and Jason Lyon was involved. This concerned language and it was moot once the ballot was issue was resolved. This case is over.
Now you know the facts, parties involved and current status as of November 2, 2006.
What took place next is where this writer became involved and engaged.
Prior to the weekend before the election a press conference was called by the “Not PROP R” Committee and the US Term Limits group. I attended the press conference as it was announced there would be a major legal announcement. We met at the Los Angeles City Hall. As I listened I was stunned to hear Mr. Donnor, Mr. Jacobberger, US Term Limits and the Not Prop R were not going to pursue the legal action should the voters approve the measure on election day.
At that moment I was faced with a decision. Could I, knowing all that I did about the deceit, manipulation and dishonest conduct in connection with getting the measure on the ballot, just step back and allow all those involved to succeed, just because our legal team had decided to give up.
My course of action was clear. If I truly wanted to be a public servant then I had an obligation to the people to step forward. I made my intentions clear at that moment.
I then contacted Attorney Candice E. Jackson in San Marino, California and she agreed to meet and discus my options. I then went to the court house and obtained copies of all the lower court files. Attorney Jackson advise me to contact the Bell Firm and request to be substituted as the Petitioner as Mr. Donner was dropping out. After one and a half weeks waiting for a response form the Bell Firm I received the following news.
It appears a new challenge arose as a result of the “Relief” requested in the original Donner action, that being taking the proposition off the ballot. As it is after the election, it is too late to remove it!
The Bell firm has moved forward and filed a request to withdraw the action and will not fight the appeal. The judge will honor their request and that case will be over as well.
My attorney Candice E. Jackson is preparing the documents to be field. As the Bell firm has already filed their withdrawal we shall move forward quickly and will not wait until the Appellate court date on the 28th.
Our argument will be the same as was successful in removing it from the ballot by judge O’Brien but our “Relief” will be to set aside the vote and up hold the unconstitutional ruling.
I have just been contacted by an attorney from one of the top Law Firms, if not the top law firm in Los Angeles. I have been offered his help in seeing this matter brought to a positive conclusion.
So here we are. The fate of Prop R is our hands and we have the a clear mandate in which direction we must go.
My attorney estimates one hundred hours of legal work to see this through the lower courts. Which represents fifteen thousand dollars in fees and expenses. Our first expense was coping the records and the next will be the filing fee.
So here is your opportunity to help with the funding. Please make your check payable to David Hernandez and rush it the PO Box 3245, North Hollywood, California 91609. Please write “Prop R Legal Fund” on the check.
Or you can make it payable directly to Candice E. Jackson Attorney at Law and write “Prop R Legal Fund”. It too can be mailed C/O David Hernandez PO Box 3245 North Hollywood, CA 91609.
Remember this is not tax deductible but is appreciated.
You can follow all the events at my web site www.termedout.com and post your comments on the blog at the site.
Thank You to the crew at Mayor Sam's Sister City, you continue to be a source of strength and support.
Sincerely,
David Hernandez
P.S.
Never give up my friends and fellow citizens. We may lose many battles but the war is not lost until we surrender, keep fighting.
November 20, 2006 2:08 PM
What will Midget say?
I meant Mighty Midget say.............
It is crystal clear that Prop R should be struck down. Even Council staffers support it only because it keeps them employed which says alot about their desire to serve the public over themselves.
If you can't win it straight then it shouldn't be won. Frankly with all the campaigning on "ethics reform" it seriously bolsters the arguments that it was drafted to deceive the voters... which is why you can't have more than one subject on a measure in the first place.
Lyon and Jacoberger sold us out. I wonder whath they got to drop out?
I'd hardly call a sole practioner as being from a "top law firm", not to mention that she's only been practicing for less than 3 years and graduated from Pepperdine.
Please David. You've hired a newly minted lawyer with no credentials. I will not be sending you my money.
David:
Surely you jest....$15,000. This attorney is from a fifth rate law school, works for Judicial Watch and just became licensed to practice law in April 2003. She has no top law firm experience and she wants to charge you $15K.....I have some prime oceanfront property in Pasadena I'd love to sell you......
Candice Jackson is an attorney from southern California. After serving as Litigation Counsel in the California office of the legal watchdog group Judicial Watch, she co-founded the law practice Jackson & Shoemaker. Ms. Jackson graduated with honors in economics from Stanford University and with honors from Pepperdine University School of Law. She has collaborated with economist William L. Anderson on research into the federal criminal justice system, and their articles have appeared in The Independent Review, Reason magazine, The Freeman, and other publications advocating free markets and individual liberty. Ms. Jackson's book, Their Lives, explores the connection between former President Clinton's leftist ideology and his rampant mistreatment of women.
It's already starting...looks like city council staff is attempting to discredit David's efforts and dillute our focus. Don't get distracted by this ploy. It's just the beginning.
I'm willing to give, but to a 3rd year attorney. Please.
Let's get a real law firm and someone with some actual experience or we are dead on arrival.
THE MIDGET MAYOR DIDN'T PASS BAR EXAM. AND LOOKA HERE, HE'S NOW DA MAYOR...CHA CHA CHA...
True enough, but the Midget Mayor isn't asking for the community to come up with $15K to pay his fees.
Also, David refers to this attorney as "him" even though it is obviously a woman. I don't think David has even met this attorney and he's now telling us she's great when what little public record has been posted shows she's not some top attorney, but rather a new attorney who hasn't even worked at a reputable law firm or graudated from a reputable law school.
The only one making out is this attorney.
Juditial Watch is the same organization that has taken the city totask over Special Order 40. They also have been working with Doug McIntyer to get Marcos and Minnie to open their books at the Mecha Madrasa in El Sereno.
Be still your hearts, Candice is only one of my attorneys. I will make the announcement as to the identity of the "top law firm" attorney once I get the ok.
No sense in sending the political community screaming all at once.
Justice is best served cold.
Who's Minnie?
Is it an aztec character?
Profile Information
Bar Number 224648
Address Candice E. Jackson
2540 Huntington Dr Ste 201
San Marino, CA 91108 Phone Number (818) 481-4565
Fax Number (818) 484-2233
e-mail fsjcui@erf.comwnyej@nblhws.netnmabu@shaqtbua.comcejacksonLaw@aol.comkmem@icha.govdiro@ondrahl.orgisfnlt@esyjjqu.edupyplwog@bwpou.netphyyqjcjf@ajtidul.govtsafobf@ggrlhifi.edudakdbtrc@fyqlqg.comehfineop@jpgfupw.orgucrkcjdm@kjbbl.eduoaesebftb@hscfsb.orgwfpppsqyg@nbgntr.orgibasaep@yccykac.netcumumk@oqe.govjgjh@aeqstud.govubfdua@blsr.govntsfj@puft.org
District District 7 Undergraduate School Stanford Univ; Stanford CA
County Los Angeles Law School Pepperdine Univ SOL; Malibu CA
Sections Litigation
Candice Erin Jackson - #224648
Current Status: Active
This member is active and may practice law in California.
See below for more details.
Profile Information
Bar Number 224648
Address Candice E. Jackson
2540 Huntington Dr Ste 201
San Marino, CA 91108 Phone Number (818) 481-4565
Fax Number (818) 484-2233
e-mail fsjcui@erf.comwnyej@nblhws.netnmabu@shaqtbua.comcejacksonLaw@aol.comkmem@icha.govdiro@ondrahl.orgisfnlt@esyjjqu.edupyplwog@bwpou.netphyyqjcjf@ajtidul.govtsafobf@ggrlhifi.edudakdbtrc@fyqlqg.comehfineop@jpgfupw.orgucrkcjdm@kjbbl.eduoaesebftb@hscfsb.orgwfpppsqyg@nbgntr.orgibasaep@yccykac.netcumumk@oqe.govjgjh@aeqstud.govubfdua@blsr.govntsfj@puft.org
District District 7 Undergraduate School Stanford Univ; Stanford CA
County Los Angeles Law School Pepperdine Univ SOL; Malibu CA
Sections Litigation
Status History
Effective Date Status Change
Present Active
4/23/2003 Admitted to The State Bar of California
7:29 I'm concerned. I don't think our Mayor has the credentials or qualified to lead as Mayor. Can you provide his Bar Exam results and LAW certificate?
Expenses and fees are very low for this type of lawsuit! So,what's the beef?
Attorneys get $300 plus per hour these days. If this attorney was charging the minimum of $300, the cost for 100 hours of legal work would be 100 x $300 equaling $30,000 just for legal work.
This $15,000 is for fees and expenses. So stop with the stupid BS councilmember staffers; believe it or not, the city's constituency is not only smarter than you think, we are also a lot more informed; and we are not going to take it any more.
I have sent in my $100. Now, we just need 149 more people to do the same.
Thank you, each of you 149 persons who I am certain will like me cough up $100, because we don't want our Councilmember doing another four years of damage to us. It's bad enough that they still get eight years to do us in with their grandiose plans, greed, ladder-climbing, grab for power/money/influence, and distain for their constituents.
David, when you have reached your goal, please let us know we can stop donating. Thank you for taking on this battle. And by the way who is paying you? (These councilmember supporters forgot to mention that you are doing this for nothing!)
Well, I will never forget that you have done this for us, and I am forever grateful.
How is it that you arrived at $300 per hour for a third year attorney who has never worked at a law firm of any stature and went to a third rate law school.
Large law firms charge big money because of high overhead. An attorney who ostensibly practices out of her home (or parents' home) doesn't have that overhead (i.e., rent, staffing, IT assistance). So, $300 per hour is ridiculous.
On top of all that, the issues in dispute have been fully briefed and will follow Judge O'Brien's prior ruling.
Yes, the voters of LA were fooled by the City Council, and now this attorney is going to take your money.
Get some qualified to do the work or don't fight at all.
I'm getting ready to send you a check for $100, too. If David secures a more experienced lawyer, at least he'll have the funds to get started. If the opponents to R aren't willing to cough up the legal fees or work on fundraising, than they need to shut the f...up about being governed by Tammany Hall politics and accept the consequences.
Thank you for taking on this battle.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home