Thursday, March 3, 2016

Defeating a Temporary Restraining Order - Strategy Lessons in Slaying a Dragon

Unknown Copyright
Illustration of Knight Fighting Dragon
All activists need to know lessons in strategy when taking on a dragon - in this case, the Council Members and Mayor of Baldwin Park. This lesson is a case study on Pacheco v. Tuttle. Lesson One - Bear the Truth.

First, we have to analyze Pacheco and the City's strategy. Pacheco hired an outside lawyer, Jimmy Gutierrez (not Tafoya), this time to represent him. Gutierrez told the court that Pacheco and his wife, Lenet (suspicious name) feared for their lives; so, issue a temporary restraining order, without Tuttle presenting his side of the story.

If you're the activist, you have to be prepared for such things to happen. Sit down. Take a step back. What's happening? (If you don't know, I've been through this whole entire fiasco myself. Read it here: me: Baldwin Park Mayor Files Restraining Order Against)

What's happening is that Pacheco is using taxpayer money to file a frivolous lawsuit. What that means, is basically, the enemy has basically unlimited funds to defeat you. And, you the poor activist, can't afford to hire a lawyer. And if you could, why would you? You wouldn't get a benefit out of helping the public interest. This is called attrition.

Pacheco is also doing this in response to Tuttle spotting him at the fancy Santa Barbara restaurant Lucky's Steakhouse, where he met Waste Management and other vendors. Pacheco is hence nervous that Tuttle is close to catching him with his hand in the cookie jar. Thus, he has to stop him by intimidation and a court order. If he can't stop him, he has to slow him down. But the problem Pacheco has is that the facts are against him, because Tuttle's done nothing wrong. So what does he do?

He knows that he has no other choice but to lie. But lying in court is a crime. Furthermore, as Mayor Lozano learned, if Tuttle showed up to fight him in court, the truth would come out. That's why the Proverbs stated, "The first person to speak in court always seems right until his opponent begins to question him." So, Pacheco eliminated his opponent to speak in court by feigning that his life was in danger; therefore, not giving him notice that a restraining order would be served.

But the City isn't so clever to come up with this. In 1603, King James I imprisoned Sir Walter Raleigh, the founder of the State of Virginia (named after the Virgin Queen Elizabeth I), on grounds of treason. He fabricated documents. Filed them with the court. Raleigh asked to confront his accuser face to face, but since he couldn't, the court found him guilty and beheaded him. The accuser was have found to lie. Hence, in criminal cases, we the American people, have right to confront our accuser, with the Confrontation Clause in the Sixth Amendment of the Constitution.

So, what does the poor activist do? Going up against unlimited resources and people in power, who are willing to lie, cheat, and steal to get their way. Well, bring your accusers to court.

Well how do you that in civil TRO hearing? I summoned them to appear as witnesses by official stamp of our court clerk. I summoned a number of other witnesses that were present for these alleged stalking charges, such as Chief Michael Taylor, Chief David Reynoso (El Monte), Teri Muse (Waste Management Consultant), Lenet Pacheco, Ricardo Pacheco, and Council Member Raquel Monica Garcia. (These people are not innocent; they have all benefited from this Pacheco-Lozano type of misconduct.)

All of a sudden, it's a different tune. All these people are saving that service is improper. They're all saying they won't show up. And I tell them all the same thing: "If you don't show up, we will be seeking a contempt order against you."

Who do these people think they are? I mean, come on: if the court calls them to come, they must come. Period. They're not above the law. But that's how things are in Baldwin Park.

If it's so life threatening for the Pachecos, then, they can appear in court, and explain how Greg Tuttle is such a life threatening menace in their life, instead of wasting our taxpayer money, and hiding behind an attorney to do all the dirty work.

Speaking of that, always discover the truth about your opponent. An attorney willing to file frivolous TROs has a special type of character. And these are the type of attorneys that really need to be held accountable because they perpetuate and foster the corroding justice system we have now.

It's been discovered that Jimmy Gutierrez has a number of convictions and one driving under the influence (DUI). I wonder if these convictions have been self-reported as required by law for attorneys. Who knows? More investigation is needed.

And does anyone know a person who goes officially by the name of Jimmy? Seems to be a red flag that someone is running away from previous identities. Need more investigation. (But the lesson here, is know who you're dealing with. And yes, attorneys being paid on city money to file frivolous TROs are a matter of public concern.) To live in civil society, we need a functioning justice system that is not becoming corrupted by these types of filing. See my article on Fall of Rome.

So - that's the ninja-lawyering lesson for the day. Figure out how to bear witness in court. Stars only shine at night. Hope that helps all you activists out there.

1 comment:

  1. Why do they need to travel so far for a business meeting they can and SHOULD take place at city hall? Do they have a conference room ? Why should I pay for steaks and wine? You need to meet with someone for business then keep it in the city. No fancy dinners, weekend trips, buy your own lunch, and if you need to be outside you can walk to Morgan Park. No car needed, trash services provided by your exclusive contracted WM. Do not bill us for anything. You should be audited. Who approved this trip? I bet you did not drive your own car, pay your own gas and who said a hotel was necessary? You should pay all of that out of your own pocket. We never told you to leave the city for a meeting. You should be banned from ever leaving the city for a city related meeting. All funds for that should be frozen. Business meetings between business hours just like city hours, closed Fri-Sun. That gives you M-Th. Do not work during lunch, drink water, not wine. Who drinks during business meetings? Shouldnt you be sober when dealing with issues for the city? Who said you can drink on the job? You allow this behavior? If you need more time you continue the next day. Look how much money I saved the city and I do not work for you. You work for me. All those in favor as I say to all those who feasted without permission Your Fired!!! say I. You should NEVER BE ALLOWED TO BE DRINKING WHILE DOING YOUR JOB. Is this yhe reason why you make poor judgements doing your job?