PDA

View Full Version : Scocca v. Smith (Santa Clara EP Carry) reply to MTD


hoffmang
07-22-2011, 8:25 PM
In response to Santa Clara's motion to dismiss (http://www.archive.org/download/gov.uscourts.cand.238467/gov.uscourts.cand.238467.9.0.pdf), we filed this reply brief (http://www.archive.org/download/gov.uscourts.cand.238467/gov.uscourts.cand.238467.13.0.pdf). We also filed this notice (http://www.archive.org/download/gov.uscourts.cand.238467/gov.uscourts.cand.238467.14.0.pdf) contemporaneously, which is basically the decision in CGF v. Ventura.

-Gene

CrackedShot
07-22-2011, 9:37 PM
Nicely done.

Purple K
07-22-2011, 10:16 PM
Progress in so many areas lately... Lovin' it.

jdberger
07-22-2011, 10:40 PM
Bueno.

Inch by inch...

ColdDeadHands1
07-22-2011, 10:54 PM
What is CGF's impression on the judge in this case? What is his record? There is no way he can ignore Richards and or Ventura County.

He was first appointed to the Santa Clara Superior court by then Gov. Moonbeam and later appointed to the US District Court by Bill Clinton. Later, he stayed an execution ruling California's procedures unconstitutional.

I interpret these three facts as strikes against him, placing him solidly in the liberals court. We'll see however but I'm not getting my hopes up.

http://en.wikipedia.org/wiki/Jeremy_D._Fogel

dantodd
07-22-2011, 11:13 PM
It was interesting to see how much time Don and Jason spent on telling the judge that he can decide for us even if he is an anti. Also, I would have liked the NAACP analogy better had it posited that blacks lived in the county but none had applied.

hoffmang
07-22-2011, 11:57 PM
I want to remind everyone that freedom isn't free. Please donate (http://www.calgunsfoundation.org/index.php/donate).

I don't often step up and ask people to reach into their pockets, but fighting a 19+ front war (and winning) is not cheap.

-Gnee

yellowfin
07-23-2011, 7:35 AM
It seems the opposition is putting up a better fight on this one than others. Is it the nature of our side's claim, more determination on their part (to defend a sacred cow they can't afford to lose), them getting better legal assistance than usual, or some combination thereof?

r3dn3ck
07-23-2011, 8:13 AM
Great job Gene. I read all three docs. The spanking on the 2nd vs. 14th issue was funny as hell. I love it when someone I'm arguing with forgets the basic point we're arguing over and decides to change the thrust of the conversation to save their case.


I tried donating but your donation page from the link in your sig is b0rk. Please PM or post an PP account I can zap some money over to.

HowardW56
07-23-2011, 2:39 PM
I want to remind everyone that freedom isn't free. Please donate (http://www.calgunsfoundation.org/index.php/donate).

I don't often step up and ask people to reach into their pockets, but fighting a 19+ front war (and winning) is not cheap.

-Gnee


Is that a hint? :D

OK... I'm in, again.... (and I don't even live in that county...)

Amount: $ 50.00
Date: July 23rd, 2011 2:39 PM
Transaction #: 3LJ51328XS445305W

RudyN
07-23-2011, 2:49 PM
Yes, he is a LIBERAL. I know him from having worked for Superior Court for 24 years.

Sent from my DROIDX using Tapatalk

HowardW56
07-23-2011, 2:50 PM
I don't often step up and ask people to reach into their pockets, but fighting a 19+ front war (and winning) is not cheap.

-Gnee


Gnee?????? :rofl:

I've never seen a typo from you...

hoffmang
07-23-2011, 2:56 PM
Gnee?????? :rofl:

I've never seen a typo from you...

They happen... *bleep*

-Gene

wildhawker
07-23-2011, 3:08 PM
Gnee?????? :rofl:

I've never seen a typo from you...

LOL! "Gnee Hoffmang" might just stick... or is "Gnee Hoffmang" an LCAV directive?

-Brandon

yellowfin
07-23-2011, 3:19 PM
Gnee?????? :rofl:

I've never seen a typo from you...Gnee is his alias/DBA for doing business in India.

Librarian
07-23-2011, 3:20 PM
Gnee-capping?

HowardW56
07-23-2011, 3:21 PM
LOL! "Gnee Hoffmang" might just stick... or is "Gnee Hoffmang" an LCAV directive?

-Brandon


Gnee Hoffmang....

Hmmmm, WE could have some fun with this..... :D

HowardW56
07-23-2011, 3:23 PM
Gnee-capping?

I have two Gnees'

kcbrown
07-23-2011, 4:07 PM
Why did our side move to strike our damages claim? I sense strategy in that... :43:

dantodd
07-23-2011, 9:23 PM
Why did our side move to strike our damages claim? I sense strategy in that... :43:

It was dropped because of previous court cases which said that damages weren't recoverable. SJ tried to say that only the AG could pursue an action but the case they cited may not be as inclusive as they had hoped. Our attorneys, upon reviewing the case, decided they could continue that specific claim but that they couldn't claim damages. Now, they certainly could have kept the damages claim in there in the hopes to have the previous decision overturned on appeal but that might distract from the core of the case.

hoffmang
07-23-2011, 9:45 PM
Why did our side move to strike our damages claim?

Preston Guillory believed his expenses getting the public records could be recovered if I recall correctly. He is incorrect and it's not worth fighting about.

-Gene

wildhawker
07-23-2011, 11:38 PM
Preston Guillory believed his expenses getting the public records could be recovered if I recall correctly. He is incorrect and it's not worth fighting about.

-Gene

His bill, or the actual costs? Those are worlds apart.

-Brandon

Lex Arma
07-24-2011, 12:28 AM
Why did our side move to strike our damages claim? I sense strategy in that... :43:

There are two causes of action. (1) Federal Equal Protection using 42 USC s 1983, which permits recovery of damages, we did not concede any rights on this claim; and (2) California Equal Protection, which we did concede as to money damages - but not as to declaratory/injunctive relief - because that is the state of the law.

NorCal Mtn Flyer
07-24-2011, 12:56 AM
Bend ze GNEE's...... $5 please... (old ski instr saying) isn't that what Gene was saying? ;)

sighere
07-24-2011, 8:51 AM
Well done! This is a case to watch for sure!

Flopper
07-24-2011, 9:20 AM
I love how you pointed out this catch 22:

a system of licensing the right of
self-defense, which doesn’t recognize self-defense as “good cause”

Well done everyone, well done!

dantodd
07-24-2011, 11:02 AM
His bill, or the actual costs? Those are worlds apart.

-Brandon

Billable hours or buffet costs? I'm not sure which is higher.

(Damn, I wasn't going to say that...)

Ubermcoupe
07-24-2011, 11:17 AM
I like how the MtoD states previous case work, and then legal standing to bring this case forward. Sounds to me the county Counsel is using anything they can to get it dismissed.

Keep up the great work guys, action like this helps me maintain hope! :)

Pat Riot
08-02-2011, 1:13 PM
What is the next step here? What is this case waiting on?

blakdawg
08-02-2011, 2:22 PM
The defendants' response to CGF opposition is at http://ia700405.us.archive.org/31/items/gov.uscourts.cand.238467/gov.uscourts.cand.238467.16.0.pdf.

Next hearing is re the motion to dismiss on 8/26/11.

1JimMarch
08-02-2011, 2:35 PM
Ummmm...guys? Preston may be right on this one.

Some years back California put a basic civil right to public records into the state constitution.

When civil rights are violated, penalties for violating said rights are for sure on the table.

?

Question is, can that be chased down in federal court tied to a state constitutional civil right? That, I don't know...

hoffmang
08-02-2011, 10:39 PM
Ummmm...guys? Preston may be right on this one.

Some years back California put a basic civil right to public records into the state constitution.

When civil rights are violated, penalties for violating said rights are for sure on the table.

?

Question is, can that be chased down in federal court tied to a state constitutional civil right? That, I don't know...

Yes they did and we won fees in our Ventura case. However, Santa Clara turned the records over to Preston without a fight. The fees were for his time and materials obtaining them...

-Gene

tabrisnet
08-07-2011, 8:04 PM
Wish I could attend the hearing... albeit the MSJ will probably be a more interesting argument than the MTD.

Maybe I'll figure out a way to attend anyway. Just requires I can convince my flatmate that he should be at work early.

The existing LTC Apps have been received, per the response to the MTD. Will these be made available to us later in the case?

hoffmang
08-07-2011, 9:24 PM
have been received, per the response to the MTD. Will these be made available to us later in the case?

If they aren't made public sooner, yes.

-Gene

Spelunker
08-08-2011, 7:14 AM
Just donated $100. Go get em! Thanks Gnee for all the hard work.