Ref N–CalCtApp 8/20/2010 Opinion Wachovia “Affiliated Group"

“Inner-City Holocaust and America’s Apartheid ‘Justice’ System” is a book that “Yours Truly” has (except for the final chapter) already written and placed in safe hands. However, the last chapter cannot be written before Fall 2011 because it will record the actions taken, if any, by the recipients of the 5 letters whose texts are posted in this section (the casual reader would best start with the letters to Messrs. Axelrod/Plouffe and to Sen. Chris Coons) =

(1) to President Obama and 20 other US & California governmental officials imploring them AS THEY REFUSED TO DO LAST YEAR to cause Amicus Curiae briefs to be filed on behalf of 10 million inner-city children and thereby REPRESENT THEIR OWN CONSTITUENTS.

(2) to Gwen Ifill and 42 other news-media superstars imploring them AS THEY REFUSED TO DO LAST YEAR to provide the same kind of spotlight on the lawsuits involving the 10 million inner-city children that they routinely provide for, say, David Boies and his Proposition 8 lawsuits.

(3) to 51 inner-city clergy from Los Angeles, San Francisco and Oakland CA providing the latest report on what the report described as “The Segregated Toilet and The Fatal Flush” – the “Segregated Toilet” being the abhorrent practice, even authorized by statute in California, that judges can flush away the rights of minorities in opinions THAT CANNOT BE PUBLISHED OR CITED because the judges know that the opinions are diametrically opposed to the well-settled law enjoyed by first-class American citizens.

(4) to Messrs. David Axelrod and David Plouffe, the Chicago- and Washington-based co-heads of President Obama’s Reelection Campaign providing them a “heads up” on what is “going down” because the aim of “Inner-City Holocaust” is to make the inaction of the 21 governmental officials an issue in any 2012 re-election campaigns in which they are involved – by making “Inner-City Holocaust” available without charge and electronically for ethics classes in law schools and divinity schools, and in undergraduate courses in political science, ethics/philosophy, sociology, etc.

(5) to U.S. Senator Christopher Coons from Delaware, newly elected last November, to provide him a “heads up” on what is “going down” because Senator Coons served with “Yours Truly” in the 1990’s on the national “I Have A Dream”® Board as Secretary and Treasurer, respectively, and it was IHAD- and IHAD-style programs that the $84 billion involved in the lawsuits was designed to provide for the 10-million inner-city children.

“Inner-City Holocaust” has been written In Memory Of John Howard Griffin whose “Black Like Me” half a century ago tried to convince America of its racism.

It is also written in honor of Jonathan Kozol whose award-winning books over the last half century have tried to convince America that it has created a permanent “untouchable” under-caste as a result of its racism – (1) The Shame of the Nation: The Restoration of Apartheid Schooling in America (2005); (2) Ordinary Resurrections: Children in the Years of Hope (2001); (3) Amazing Grace: The Lives of Children and the Conscience of a Nation (1995); (4) Savage Inequalities: Children in America’s Schools (1991); (5) Rachel and Her Children (1988); (6) Illiterate America (1985); (7) The Night is Dark and I Am Far From Home: Political Indictment of US Public Schools (1975); (8) Death at an Early Age (1967)

One might wonder why I am placing myself on the same stage as these two Saints. I’m not. They are on pedestals in my place of worship. Like one of Ghandi’s followers, it is my turn to have my head bashed in since the expected reactions to the prospect of “Inner-City Holocaust” are to try to defame me and to try to explain why the racism of the judges involved, the 21 governmental officials and the 43 news-media super-stars is all my fault rather than theirs.
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johnkarls
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Ref N–CalCtApp 8/20/2010 Opinion Wachovia “Affiliated Group"

Post by johnkarls »

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Here is the 8/20/2010 decision on an unrelated procedural issue that, in its scandalous Footnote 1, announces that a decision has already been made on the conversion issue two months before the hearing on the conversion issue.

NB that the 8/20/2010 opinion is a “Segregated Toilet” opinion that cannot be published or cited.

Saboteurs deleted the foregoing document on 2/18/2022 - Here is a restoration -
For anyone interested in the unrelated procedural issue, it is the sole issue that was involved in the Mellon Bank appeal which was combined for consideration by the Cal. Court of Appeal with the Bank of New York appeal which involved solely the conversion issue.

For anyone interested in the procedural issue, it was prompted by the practical problems posed by those defendant financial institutions whose parent company was NOT registered to do business in California and, therefore, only its subsidiaries could be sued. [Goldman Sachs, Bank of New York, Wells Fargo, etc., were examples of defendant financial institutions whose parent company was registered in California.]

For institutions whose parent company was not registered, the practical problems involved discovery of records of the parent companies and legal liability of the parent companies. Both were solved if the tax-consolidated groups were acting as common-law partnerships. The California state courts refused to follow California statutory definitions for (1) what constitutes a “partnership,” and (2) what constitutes an “unincorporated association” that can be sued (as distinguished from how it is served with process).

The portion of the Court of Appeal decision in Mellon Bank is muddled because it addresses the “partnership” definition which only relates to the question of how service of process commencing a lawsuit is made on a “partnership” as distinguished from other types of “unincorporated associations” – that issue was no longer being contested by Mellon Bank.

The portion of the Court of Appeal decision in Mellon Bank is also unsatisfactory because it refused to follow the California statutory definition of “unincorporated association” and because the court refused to follow the case law involved. But I’ll leave it to anyone who is still curious about the procedural issue to read the portion of the court opinion dealing with the Mellon Bank issue (though the opinion pretends that the procedural issue was also involved in the Bank of New York appeal which was untrue since Bank of NY had not filed a cross-appeal on that issue) and my legal briefs for the details.

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