Bring Hollywood Home on the Oscars 2016


 

 2016 ACADEMY AWARDS ‘SPOTLIGHTS’ THE NEED FOR REAL JOURNALISM TO INVESTIGATE THE REASONS SO MANY PEOPLE ARE UNHAPPY WITH THE LACK OF WORK IN HOLLYWOOD

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Peabody Award Winning Broadcaster Bob Jimenez, LA’s Austin Beutner (former publisher of the LA Times, & Sharon Hardee Jimenez Founder President Bring Hollywood Home and co-host LA Business Today 

Monday, February 29, 2016

The complexity of so called ‘racism’ in Hollywood is a very big topic.  Los Angeles Oscar broadcast 2016 focused more on allegations of racism than who won the most coveted awards in movie and film making this past year.   It was a difficult night as labels – Black – White were bantered around making viewers uncomfortable and guests at the awards even less comfortable at the Kodak Theater in Hollywood.

For an activist like myself, whose career from TV news, to publicist, to foundation founder, and advocate for finding solutions to the job outsourcing that has devastated LA’s creative economy, the night was unsettling.

Speaking two weeks ago to the Inglewood NAACP (National Association for the Advancement of Colored People) with actress/activist Diane Ladd (3 time Oscar nominee and the winner of the British Academy Award, the big problem is a lack of productions at the studio level (the studios once made thousands of movies each year and last year made just over 6 hundred with less than one percent directed by minorities or women.)

The political woes in California are pretty straight forward.  The studios through the MPAA lobby the legislature for tax credit incentives in many states and in other countries.  A whole industry has been created that presents a very challenging business model if you are a minority or woman owned production company.  Tax credits are a ‘turn key’ to bring investors to films.   The credits provide the stability and initial investments productions need to get their bonded status so crews can begin to work.  Independent producers don’t get the tax credit incentives in California as the lawmakers keep in place a discriminatory business model that prohibits any real competition for the studios.  Add to this a history in Hollywood of blacklisting, and keeping out the movies of writers and stars who make noise about these problems, and you have a very sad picture in Hollywood in 2016.

Bring Hollywood Home set about blowing the lid off of these discriminatory problems five years ago when we created the foundation in 2010.   You would have thought we were trying to build a nuclear power plant in Hollywood the way the lawmakers circled around the studios to make sure there would be no new voices in this company town.

SPOTLIGHT

Ironically, one of the first people I met with high up in the industry to talk about the problems of lack of financing for women and minority owned productions, was the Executive Producer of the Best Picture 2016, Spotlight’s Tom Ortenberg.  I knew Tom from my role as senior advisor to US Congressman Dennis Kucinich in 2004 and 2008 when he ran as a democrat for the US presidency.  Tom had just successfully helped director Paul Haggis win a Best Picture Oscar for CRASH, a provocative movie about racial tensions in Los Angeles.  In 2010 Tom Ortenberg told me he was focusing all of his attention on Open Roads a distribution house in Hollywood.  We discussed how difficult it is to make things happen here in Tinsel Town.   Seeing Open Roads and Tom Ortenberg and the cast of Spotlight win an Oscar for exposing the story of the Boston Globe journalists who went against the powerful Catholic Church to expose the sexual exploitation of children, was a reason to have faith further investigative reporting efforts will help stop the aggressive assault on our youth from human trafficking and the pornography film genre exposing children to sexual violence everyday.     90 percent of commercial porn is made here in LA according to the AIDS Healthcare Foundation.  Pornography films have made their way onto the Internet now exposing children as young as 9 and 10 years of age, to objectification, rape,and sexual violence.     The problem of rape made center stage at the 2016 Oscars when New York’s Lady Gaga sang about the phenomenon.  Rape is a common theme in pornography according to The National Center on Sexual Exploitation working to expose human trafficking.  The Washington DC based advocacy foundation just named a Dirty Dozen that points to the US Justice Department failure to prosecute and enforce laws upheld by the US Supreme Court on obscenity.  Indeed the 88th Academy Awards boldly confronted some of the biggest issues facing our nation and the world today.

There is extraordinary talent in Hollywood.  The major studios have created an industry that is the envy of the world.  But, it’s time to grow the industry for everyone’s benefit.  As the population of the world has exploded so should independently owned and led production companies.  Minorities and women, Black, White, Asian, Latino, and others should all have a chance to build upon the great legacies of the Hollywood Studios.  Expanding the California Tax Credit incentives and/or creating a public private film fund big enough to seriously impact the number of productions hiring in the state would go along in healing the wounds that afflicted us last night.  If you were anything like me you hung your head last night, and woke up today with a new resolve to Bring Hollywood Home.

Sharon Hardee Jimenez, President Founder Bring Hollywood Home Foundation  sharonhardeejimenez@gmail.com

Posted in Ideas & Opinions | Leave a comment

Bring Hollywood Home Foundation Fights for California Jobs & Diversity

Saturday, February 27th, 2016

 Los Angeles

BRING HOLLYWOOD HOME

WHAT DOES OUR WORK HAVE TO DO WITH TOMORROW NIGHT’S 88TH ACADEMY AWARDS IN HOLLYWOOD?

_DSC6055.JPG

Bill Duke receives a Golden Spirit Award from Hollywood with Students invited by Bring Hollywood Home to recognize the leadership of those who are fighting for the future of the entertainment industry.  “No single individual has fought harder for diversity in Hollywood than Bill Duke, Secretary of Bring Hollywood Home.” says Sharon Hardee Jimenez who founded the first 501 C 4 with the ability to lobby for minorities and women who have been left out of the tax credits passed by the California legislature since 2010.  “The problem is that despite all the work we’ve done with Bill Duke (Directors Guild of America-DGA) Diversity Group, black, brown, Asian, and women owned independent production companies still have no real access to the tax credit incentives in California.  When Bill Duke the first black director to direct a blockbuster sequel, Sister Act II, that grossed over 100 million dollars worldwide, gets to work he has to work outside of California.  Why?  Because there are no tax credit incentives for his production company that allows Bill Duke and other minority producers to bring investors to their production projects.”

_DSC5633.JPG

 Two time Oscar nominated actress Laura Dern in Hollywood picking up the prestigious Mary Pickford Award for her mother, Diane Ladd, who was honored by the Hollywood Chamber of Commerce this year for her lifetime work on behalf of the entertainment industry.  Laura Dern is in London now working on the next Star Wars, but, like her mother all of the work she gets requires she leave California because there are no tax credit incentives for women owned production companies that allow even the biggest stars in Hollywood to make their movies here at home.

_DSC5881.JPG

 Frida & Mark Greenberg CPA Miller Ward have supported the work of Bring Hollywood Home over the past several years because the business management group has an entertainment division.  “Too many people aren’t working in Hollywood.  This has caused a crisis of confidence in what if any leadership we will ever see in the city of Los Angeles and the state of California to bring jobs back in the creative economy.” says Jimenez as she awaits the next Oscar season with most of the movies nominated for Best Picture made outside of California.

_DSC5657.JPG

Best Supporting Actress AARP 2016 for JOY, Diane Ladd worked outside of California all through 2015.  If she wants to work in 2016 she will likely have to pack her bags and be thankful she is lucky enough to have work in the entertainment industry.  “Diane Ladd and I went to the Inglewood South Bay Branch of the NAACP the week before the “whitewash” report came out of USC to tell the long time civil rights leadership group in LA County that there are too few movies being made and too many people out of work in the entertainment industry.  The problem the actress emphatically told the NAACP is that all the money in the industry goes to too few productions and women and minority owned production companies don’t get their fair share of incentives and can’t get financing for their films as a result.”

_DSC1734.JPG

California leaders like Jerome E. Horton, past chairman of the California Board of Equalization the tax agency for the state have recognized the leadership of Bring Hollywood Home.  “When Gary Visconti (pictured here with Jerome Horton) and I co-founded Bring Hollywood Home in 2010 we brought an Olympic effort to the work to save Hollywood.  Visconti a two time Olympian sought the support of former Governor Arnold Shwarzenegger one of his oldest friends, and architect Frank Gehry, and producer Jerry Bruckheimer all close friends of the World Champion ice skater to come to the cause of the grassroots leadership.   Despite all the work we’ve done and all the outreach, the problem is so big in Hollywood that the voices of the minority and women in Tinsel Town just can’t get past the huge profits being made job outsourcing.” emphasizes Jimenez.

On the eve of the 88th Academy Awards Bring Hollywood Home congratulates all the nominees, reflects in sorrow at the lack of diversity, and challenges our state leadership in Hollywood and our USA leadership in the White House and in Congress to provide the incentives and new business models we must have to increase production and post production in film, tv, movies, new media, and music video production in 2016.

For More Information Please Contact:

Sharon Hardee Jimenez, President, Founder Bring Hollywood Home Foundation

sharonhardeejimenez@gmail.com

Posted in Ideas & Opinions | Tagged , , , , , , , , , , , , | Leave a comment

Bring Hollywood Home Foundation fights for California Jobs

Saturday, February 27th, 2016

 Los Angeles

BRING HOLLYWOOD HOME

WHAT DOES OUR WORK HAVE TO DO WITH TOMORROW NIGHT’S 88TH ACADEMY AWARDS IN HOLLYWOOD?

_DSC6055.JPG

Bill Duke receives a Golden Spirit Award from Hollywood with Students invited by Bring Hollywood Home to recognize the leadership of those who are fighting for the future of the entertainment industry.  “No single individual has fought harder for diversity in Hollywood than Bill Duke, Secretary of Bring Hollywood Home.” says Sharon Hardee Jimenez who founded the first 501 C 4 with the ability to lobby for minorities and women who have been left out of the tax credits passed by the California legislature since 2010.  “The problem is that despite all the work we’ve done with Bill Duke (Directors Guild of America-DGA) Diversity Group, black, brown, Asian, and women owned independent production companies still have no real access to the tax credit incentives in California.  When Bill Duke the first black director to direct a blockbuster sequel, Sister Act II, that grossed over 100 million dollars worldwide, gets to work he has to work outside of California.  Why?  Because there are no tax credit incentives for his production company that allows Bill Duke and other minority producers to bring investors to their production projects.”

_DSC5633.JPG

 Two time Oscar nominated actress Laura Dern in Hollywood picking up the prestigious Mary Pickford Award for her mother, Diane Ladd, who was honored by the Hollywood Chamber of Commerce this year for her lifetime work on behalf of the entertainment industry.  Laura Dern is in London now working on the next Star Wars, but, like her mother all of the work she gets requires she leave California because there are no tax credit incentives for women owned production companies that allow even the biggest stars in Hollywood to make their movies here at home.

_DSC5881.JPG

 Frida & Mark Greenberg CPA Miller Ward have supported the work of Bring Hollywood Home over the past several years because the business management group has an entertainment division.  “Too many people aren’t working in Hollywood.  This has caused a crisis of confidence in what if any leadership we will ever see in the city of Los Angeles and the state of California to bring jobs back in the creative economy.” says Jimenez as she awaits the next Oscar season with most of the movies nominated for Best Picture made outside of California.

_DSC5657.JPG

Best Supporting Actress AARP 2016 for JOY, Diane Ladd worked outside of California all through 2015.  If she wants to work in 2016 she will likely have to pack her bags and be thankful she is lucky enough to have work in the entertainment industry.  “Diane Ladd and I went to the Inglewood Chapter of the NAACP the week before the “whitewash” report came out of USC to tell the long time civil rights leadership group in LA County that there are too few movies being made and too many people out of work in the entertainment industry.  The problem the actress emphatically told the NAACP is that all the money in the industry goes to too few productions and women and minority owned production companies don’t get their fair share of incentives and can’t get financing for their films as a result.”

_DSC1734.JPG

California leaders like Jerome E. Horton, past chairman of the California Board of Equalization the tax agency for the state have recognized the leadership of Bring Hollywood Home.  “When Gary Visconti (pictured here with Jerome Horton) and I co-founded Bring Hollywood Home in 2010 we brought an Olympic effort to the work to save Hollywood.  Visconti a two time Olympian sought the support of former Governor Arnold Swarzenegger one of his oldest friends, and architect Frank Gehry, and producer Jerry Bruckheimer all close friends of the World Champion ice skater to come to the cause of the grassroots leadership.   Despite all the work we’ve done and all the outreach, the problem is so big in Hollywood that the voices of the minority and women in Tinsel Town just can’t get past the huge profits being made job outsourcing.” emphasizes Jimenez.

On the eve of the 88th Academy Awards Bring Hollywood Home congratulates all the nominees, reflects in sorrow at the lack of diversity, and challenges our state leadership in Hollywood and our USA leadership in the White House and in Congress to provide the incentives and new business models we must have to increase production and post production in film, tv, movies, new media, and music video production in 2016.

For More Information Please Contact:

Sharon Hardee Jimenez, President, Founder Bring Hollywood Home Foundation

310-409-3306 sharonhardeejimenez@gmail.com

Posted in Uncategorized | Leave a comment

Bring Hollywood Home Foundation fights for California Jobs

Saturday, February 27th, 2016

 Los Angeles

BRING HOLLYWOOD HOME

WHAT DOES OUR WORK HAVE TO DO WITH TOMORROW NIGHT’S 88TH ACADEMY AWARDS IN HOLLYWOOD?

_DSC6055.JPG

Bill Duke receives a Golden Spirit Award from Hollywood with Students invited by Bring Hollywood Home to recognize the leadership of those who are fighting for the future of the entertainment industry.  “No single individual has fought harder for diversity in Hollywood than Bill Duke, Secretary of Bring Hollywood Home.” says Sharon Hardee Jimenez who founded the first 501 C 4 with the ability to lobby for minorities and women who have been left out of the tax credits passed by the California legislature since 2010.  “The problem is that despite all the work we’ve done with Bill Duke (Directors Guild of America-DGA) Diversity Group, black, brown, Asian, and women owned independent production companies still have no real access to the tax credit incentives in California.  When Bill Duke the first black director to direct a blockbuster sequel, Sister Act II, that grossed over 100 million dollars worldwide, gets to work he has to work outside of California.  Why?  Because there are no tax credit incentives for his production company that allows Bill Duke and other minority producers to bring investors to their production projects.”

_DSC5633.JPG

 Two time Oscar nominated actress Laura Dern in Hollywood picking up the prestigious Mary Pickford Award for her mother, Diane Ladd, who was honored by the Hollywood Chamber of Commerce this year for her lifetime work on behalf of the entertainment industry.  Laura Dern is in London now working on the next Star Wars, but, like her mother all of the work she gets requires she leave California because there are no tax credit incentives for women owned production companies that allow even the biggest stars in Hollywood to make their movies here at home.

_DSC5881.JPG

 Frida & Mark Greenberg CPA Miller Ward have supported the work of Bring Hollywood Home over the past several years because the business management group has an entertainment division.  “Too many people aren’t working in Hollywood.  This has caused a crisis of confidence in what if any leadership we will ever see in the city of Los Angeles and the state of California to bring jobs back in the creative economy.” says Jimenez as she awaits the next Oscar season with most of the movies nominated for Best Picture made outside of California.

_DSC5657.JPG

Best Supporting Actress AARP 2016 for JOY, Diane Ladd worked outside of California all through 2015.  If she wants to work in 2016 she will likely have to pack her bags and be thankful she is lucky enough to have work in the entertainment industry.  “Diane Ladd and I went to the Inglewood Chapter of the NAACP the week before the “whitewash” report came out of USC to tell the long time civil rights leadership group in LA County that there are too few movies being made and too many people out of work in the entertainment industry.  The problem the actress emphatically told the NAACP is that all the money in the industry goes to too few productions and women and minority owned production companies don’t get their fair share of incentives and can’t get financing for their films as a result.”

_DSC1734.JPG

California leaders like Jerome E. Horton, past chairman of the California Board of Equalization the tax agency for the state have recognized the leadership of Bring Hollywood Home.  “When Gary Visconti (pictured here with Jerome Horton) and I co-founded Bring Hollywood Home in 2010 we brought an Olympic effort to the work to save Hollywood.  Visconti a two time Olympian sought the support of former Governor Arnold Swarzenegger one of his oldest friends, and architect Frank Gehry, and producer Jerry Bruckheimer all close friends of the World Champion ice skater to come to the cause of the grassroots leadership.   Despite all the work we’ve done and all the outreach, the problem is so big in Hollywood that the voices of the minority and women in Tinsel Town just can’t get past the huge profits being made job outsourcing.” emphasizes Jimenez.

On the eve of the 88th Academy Awards Bring Hollywood Home congratulates all the nominees, reflects in sorrow at the lack of diversity, and challenges our state leadership in Hollywood and our USA leadership in the White House and in Congress to provide the incentives and new business models we must have to increase production and post production in film, tv, movies, new media, and music video production in 2016.

For More Information Please Contact:

Sharon Hardee Jimenez, President, Founder Bring Hollywood Home Foundation

310-409-3306 sharonhardeejimenez@gmail.com

Posted in Uncategorized | Leave a comment

Bring Hollywood Home Foundation fights for California Jobs

Saturday, February 27th, 2016

 Los Angeles

BRING HOLLYWOOD HOME

WHAT DOES OUR WORK HAVE TO DO WITH TOMORROW NIGHT’S 88TH ACADEMY AWARDS IN HOLLYWOOD?

_DSC6055.JPG

Bill Duke receives a Golden Spirit Award from Hollywood with Students invited by Bring Hollywood Home to recognize the leadership of those who are fighting for the future of the entertainment industry.  “No single individual has fought harder for diversity in Hollywood than Bill Duke, Secretary of Bring Hollywood Home.” says Sharon Hardee Jimenez who founded the first 501 C 4 with the ability to lobby for minorities and women who have been left out of the tax credits passed by the California legislature since 2010.  “The problem is that despite all the work we’ve done with Bill Duke (Directors Guild of America-DGA) Diversity Group, black, brown, Asian, and women owned independent production companies still have no real access to the tax credit incentives in California.  When Bill Duke the first black director to direct a blockbuster sequel, Sister Act II, that grossed over 100 million dollars worldwide, gets to work he has to work outside of California.  Why?  Because there are no tax credit incentives for his production company that allows Bill Duke and other minority producers to bring investors to their production projects.”

_DSC5633.JPG

 Two time Oscar nominated actress Laura Dern in Hollywood picking up the prestigious Mary Pickford Award for her mother, Diane Ladd, who was honored by the Hollywood Chamber of Commerce this year for her lifetime work on behalf of the entertainment industry.  Laura Dern is in London now working on the next Star Wars, but, like her mother all of the work she gets requires she leave California because there are no tax credit incentives for women owned production companies that allow even the biggest stars in Hollywood to make their movies here at home.

_DSC5881.JPG

 Frida & Mark Greenberg CPA Miller Ward have supported the work of Bring Hollywood Home over the past several years because the business management group has an entertainment division.  “Too many people aren’t working in Hollywood.  This has caused a crisis of confidence in what if any leadership we will ever see in the city of Los Angeles and the state of California to bring jobs back in the creative economy.” says Jimenez as she awaits the next Oscar season with most of the movies nominated for Best Picture made outside of California.

_DSC5657.JPG

Best Supporting Actress AARP 2016 for JOY, Diane Ladd worked outside of California all through 2015.  If she wants to work in 2016 she will likely have to pack her bags and be thankful she is lucky enough to have work in the entertainment industry.  “Diane Ladd and I went to the Inglewood Chapter of the NAACP the week before the “whitewash” report came out of USC to tell the long time civil rights leadership group in LA County that there are too few movies being made and too many people out of work in the entertainment industry.  The problem the actress emphatically told the NAACP is that all the money in the industry goes to too few productions and women and minority owned production companies don’t get their fair share of incentives and can’t get financing for their films as a result.”

_DSC1734.JPG

California leaders like Jerome E. Horton, past chairman of the California Board of Equalization the tax agency for the state have recognized the leadership of Bring Hollywood Home.  “When Gary Visconti (pictured here with Jerome Horton) and I co-founded Bring Hollywood Home in 2010 we brought an Olympic effort to the work to save Hollywood.  Visconti a two time Olympian sought the support of former Governor Arnold Swarzenegger one of his oldest friends, and architect Frank Gehry, and producer Jerry Bruckheimer all close friends of the World Champion ice skater to come to the cause of the grassroots leadership.   Despite all the work we’ve done and all the outreach, the problem is so big in Hollywood that the voices of the minority and women in Tinsel Town just can’t get past the huge profits being made job outsourcing.” emphasizes Jimenez.

On the eve of the 88th Academy Awards Bring Hollywood Home congratulates all the nominees, reflects in sorrow at the lack of diversity, and challenges our state leadership in Hollywood and our USA leadership in the White House and in Congress to provide the incentives and new business models we must have to increase production and post production in film, tv, movies, new media, and music video production in 2016.

For More Information Please Contact:

Sharon Hardee Jimenez, President, Founder Bring Hollywood Home Foundation

310-409-3306 sharonhardeejimenez@gmail.com

Posted in Uncategorized | Leave a comment

Over 2,000,000 all time hits for Detective’s Diary


 

Whoot whoot!  We’ve passed 2,000,000 on our latest site stats:

Site Statistics

Unique Pages Served: 62656 Total Sessions: 582713 Total Page Hits: 2027768

 

Posted in Uncategorized | Leave a comment

Protect Muslim Americans from Donald Trump


 

There is an urban legend that King Christian X of Denmark
rode through the streets of Denmark wearing a Jewish
Star of David in solidarity with Jews who were being
forced by the German occupation forces to wear a
Yellow Star of David. In fact, King Christian threatened
the Germans that if they did force Jews to wear this
symbol he would publicly wear one in solidarity.

The Germans backed down on their threat.

American politicians are threatening to treat
American Muslims like the Germans did in World War II.
One threat is to create a database of Muslims, just like
the Germans created a data base of Jews by registering
everybody and having them declare that they were either
Jewish or Gentile. If Gentiles had refused to cooperate—just
like King Christian—it would have left the Germans
to guess who was Jewish and who wasn’t.

Technically, to convert to Islam, all you have to do is
declare with conviction, the Shahada:
“There is no god but God. Muhammad is the messenger of God”

As a Jew, I can’t say that with conviction, but to defeat efforts
to register and discriminate against Muslims as a people, I
pledge to walk into any government agency registering Muslims
and say the Shahada.

At least it will keep them guessing, especially if millions of
non-Muslim Americans join me.

TAKE THE PLEDGE & SPREAD THIS MESSAGE ON SOCIAL MEDIA
A message of the Jewish Existentialist World Society (JEWS)

Posted in Anecdotes & Adventures, Ideas & Opinions | Tagged , , , , , , , | Leave a comment

Ginny Foat for Palm Springs Mayor—You’ve come a long way baby!


 

For background on my history with Ginny Foat…..

Casey Anthony & the Impossibility Theorem

——– Original Message ——–
Subject: Campaign crunch time !
From: “Ginny Foat” <ginny@votevoat.com>
Date: Thu, October 08, 2015 11:12 am
To:

Dear Friends:

I’m writing to thank you for the gift of your support. You know how hard we’ve been working to make Palm Springs the successful and thriving city it has become…and I’m still so thrilled to be serving you at city hall.

But right now we’re in the final push in my race for Mayor.  And I need your help.  If you haven’t already donated or volunteered now is the time. This week I need to raise money to support
our final campaign actions – Can you help?

CLICK HERE to help Ginny become Mayor

We are also making phone calls from my campaign headquarters every Tuesday and Thursday — and walking neighborhoods on
Saturdays. Can you help us there?

Just reply to this email if you can walk a precinct or drop by the headquarters for an hour. It would really help.

Thanks again for your support. I do appreciate all you’ve done for Palm Springs, and together we’ll win this race for Mayor.

Sincerely,

Ginny Foat

P.S. this week is our last chance to reach the “vote by mail voter” so if you can help us with a donation – now is the time!

CLICK HERE to help Ginny become Mayor

20864 amaryllis way
Riverside CA 92508
USA

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Posted in Anecdotes & Adventures, Ideas & Opinions, Private Investigation Industry | Tagged , , | Leave a comment

Process Service Decision by Judge Craig Karlan


 

RULING OF JUDGE CRAIG D. KARLAN, L.A. SUPERIOR COURT DEPT. WEST N (Santa Monica) October 6, 2015, Case No.: SC123511

The motion Cross-Defendants Anoushiravan Javaheri, Behiyeh Javaheri, Carmelita Palms, LLC, and Seeun Javaheri to quash service of the summons is DENIED.

Defendants/Cross-Defendants Erin Ferucci and E. Ferucci Designs. LLC. to give notice.

REASONING
Personal delivery guarantees actual notice of the pendency of a legal action and thus presents the ideal method of service. Nevertheless. less rigorous notice procedures are also constitutionally acceptable. One such procedure, set forth in Code of Civil Procedure section 415.20, subdivision (b ), provides that, in lieu of presenting a copy of the summons and of the complaint to a person in that person’s presence, the process server may leave the copies for the person at the person’s dwelling house, usual place of abode, usual place of business. or usual mailing address other than a United States Postal Service post office box. The person to be served must be a natural person as described in Code of Civil Procedure sections 416.60 to 416.90. The process server must leave the copies in the presence of a competent member of the household or a person apparently in charge of the office, place of business or usual mailing address of the person to be served. The person with whom the copies are left must be at least 18 years of age and the process server must inform him or her of the contents of the copies. Finally, the process server must mail, by first class mail with postage prepaid, a second set of copies to the person to be served at the place where the first set was left. Service accomplished by this method is deemed complete on the 10th day after the mailing.

This method of substitute service is available only after reasonably diligent efforts to serve by personal delivery have failed. (Code Civ. Proc.,§ 415.20, subd. (b).) Ordinarily, two or three attempts at personal service at a proper place should fully satisfy the requirement of reasonable diligence and allow substituted service to be made, especially if the process server’s attempts are reasonably calculated to provide the person to be served with actual notice of the action. (Espindola v. Nunez (1988) 199 Cal.App.3d 1389. 1392 [service proper where process server attempted three times to serve defendant personally at his home and then. on fourth try, left copies with defendant’s wife, a co-defendant in action].) If defendant challenges this method of service, the burden is on plaintiff to show that reasonable attempts were made to serve defendant personally before resorting to substitute service. No matter how logical a method of service might seem. and even if the summons and complaint makes its way to the defendant, if service is not within the statutory scheme for service, it is ineffective. (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 414.) Without valid service of summons, the court never acquires jurisdiction over defendant. Hence, the statutory ground for the motion to quash is that the court lacks jurisdiction over the defendant. (See Code Civ. Proc.,§ 418.10, subd. (a)(l).) A defendant is under no duty to respond in any way to a defectively served summons. Complainants have the initial burden to evidence valid statutory service of a summons and complaint. (Dill v. Berquist Const. Co., Inc. (1994) 24 Cal.App.4th 1426, 1439-40; Flovevor Internat. v. Superior Court (1997) 59 Cal. App. 4th 789, 794.)

However, the statutory requirements of service are construed to uphold jurisdiction, rather than defeat it. (See Pasadena Medi-Center Associates v. Superior Court (1973) 9 Cal.3d 773, 778.) As long as the defendant receives actual notice of the lawsuit, substantial compliance with the Code provisions governing service of summons will generally be held sufficient. (Ibid.) Only a complete failure to comply with statutory requirements establishes a lack of proper service. (See Dill v. Berquist Const. Co .. Inc. (1994) 24 Cal.App.4th 1426. 1439. fn. 12.) A valid proof of service gives rise to a rebuttable presumption of valid service. (Id. at pp. 1441-1442.)

Code of Civil Procedure section 415 .20, subdivision (b ), provides for a broader scope of service than that permitted under subdivision (a). Under subdivision (b). service may be made at three locations in the presence of .. a person apparently in charge” of the defendant’s (l) .. office.” (2) “place of business,” or (3) “usual mailing address.” This is significantly different than subdivision (a) which permits service only on .. the person” who is “apparently in charge” of the defendant’s office. In other words. subdivision (b) permits service on not only a person apparently in charge of the office. but on a person apparently in charge of the “place of business” or “usual mailing address.” The purpose of section 4 l 5.20(b) is to permit service to be completed upon a good-faith attempt at physical service on a responsible person, plus actual notification of the action by mailing the summons and complaint to the appropriate party.

A defendant will not be permitted to defeat service by rendering physical service impossible. In In re Ball (1934) 2 Cal.App.2d 578, it was held that effective service was made when the process server informed the defendant that he had ” ‘another one of those things for you,’ “and when the defendant moved away, threw the summons and complaint so that it fell a few feet away from the defendant. ··we take it that when men are within easy speaking distance of each other and facts occur that would convince a reasonable man that personal service of a legal document is being attempted. service cannot be avoided by denying service and moving away without consenting to take the document in hand.” (Id. at p. 579.)

In Ludka v. Memory Magnetics International ( 1972) 25 Cal.App.3d 316, a default judgment was upheld against the argument that it should have been set aside because service of process was faulty. The process server had entered the defendant’s offices and, unable to obtain access to a corporate officer. threw the papers on a coffee table saying “You’ re served.” Copies of the summons and complaint were thereafter sent to the defendant. The defendant argued that service was improper because the receptionist, upon whom service ostensibly was made, was not then his secretary nor an agent for service of process on the corporation, and because a third party in the reception area, declaring that service had not been made. threw the papers into the wastebasket. It was held that the service of process “amply complied” with section 415.20 and that the gratuitous actions of the third party did not render service ineffective. (Id. at pp. 320-321.) Moreover, in Khourie, Crew & Jaeger v. Sabek, Inc. (1990) 220 Cal.App.3d 1009 the process server provided actual notice of the documents to the person apparently in charge of the defendant’s office and, prevented by that person from leaving them inside the office, left them on the other side of the office door. No more was required to effectuate service other than to mail copies of the summons and complaint.

Here Cross-Defendants Anoushiravan Javaheri, Behiyeh Javaheri, Carmelita Palms. LLC. and Seeun Javaheri (collectively. “Cross-Defendants”) now move to quash service of the Defendant/Cross-Complainant Erin Ferucci and E. Ferucci Designs, LLC’s (collectively, ”F erucci “) cross-complaint summons. The Court finds service of the cross-complaint summons to be proper.

According to the Declaration of Jan B. Tucker (“Tucker”), Ferruci’s process server, the building manager at Kourosh Javaheri’s (“Javaheri .. ) residence, Sherrie Khosrovani (”Khosrovani”), informed Tucker that .. she had to get the permission of the residents [Javaheri] to allow me to go to their apartment.” (Tucker Decl., 5.) After Khosrovani contacted Javaheri for permission, Tucker concluded that “Javaheri intended to attempt to hide from service behind his refusal of permission to Ms. Khosrovan [sic] as ‘gatekeeper’ of the building to allow me to go his apartment to effect service …. Therefore. I gave the summons, complaint. and accompanying documents to Ms. Khosrovan [sic] and she willingly accepted them on behalf of the defendants.” (Tucker Decl.,  8.)

In reply, Javaheri submits a declaration from Khosrovani in which she states “Javaheri did not instruct me to deny Mr. Tucker access to Mr. Javaheri’s unit” and she “did not restrict Mr. Tucker from proceeding to Mr. Javaheri’s unit.” (Khosrovani Decl., 2, 4.) While Khosrovani states she “did not restrict” Tucker from proceeding, absent from her declaration is an affirmative statement that she told Tucker he may proceed to Javaheri’s unit. Without affirmative permission, Tucker reasonably concluded that he could not proceed to the unit to attempt to personally serve Cross-Defendants. Moreover, Khosrovani states that she informed Javaheri, not Tucker, that she “would be allowing Mr. Tucker to proceed to Mr. Javaheri’s unit;” Khosrovani does not state whether she informed Tucker that Javaheri “was not home.” (Khosrovani Decl.,  2.) Without this information communicated to Tucker, he reasonably concluded that Khosrovani acted as a gatekeeper and additional attempts to personally serve Javaheri would be futile. (See Bein v. Brechtel-Jochim Group. Inc. (1992) 6 Cal.App.4th 1387, 1393 [“The gate guard in this case must be considered a competent member of the household” and the person apparently in charge. Appellants authorized the guard to control access to them and their residence. We therefore assume the relationship between appellants and the guard ensures delivery of process.”] ibid. [“Litigants have the right to choose their abodes; they do not have the right to control who may sue or serve them by denying them physical access”].) Furthermore, Khosrovani’s declaration does not state whether she contacted any of the other Cross-Defendants to determine if they were in the unit and whether they would allow Tucker access to the unit.

Therefore. the motion to quash service of the summons is DENIED.

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10s of Millions of People Died in the Western Hemisphere but Professor Maury Wiseman doesn’t think it’s Genocide


 

September 6, 2015

Dr. Robert S. Nelsen, President
Sacramento State University
6000 J Street
Sacramento CA 95819

Honorable President Nelsen:

Regarding the article at (of which you are now undoubtedly aware), http://indiancountrytodaymedianetwork.com/2015/09/06/history-professor-denies-native-genocide-native-student-disagrees-gets-expelled-course I want to apprise you of a few historical facts which bear on whether Professor Maury Wiseman or student Chiitaanibah Johnson has a better grasp of the debate over whether what happened to Western Hemisphere indigenous people means they were subjected to genocide.

I am not an expert in North American indigenous history. I do have some expertise however in what occurred in Mexico and in legal/sociological/historical matters relating to Mexico have qualified thrice as an expert witness in murder trials. The history of what occurred in Mexico is not substantially dissimilar from what occurred in the Northern portion of the Western Hemisphere, especially in the geography now known as the United States of America.

In a nutshell, when Hernan Cortes arrived in Mexico, there were approximately 25,000,000 people living there. In this post-Classic period of Pre-Columbian Mexican civilization, it was not uncommon that people lived in cities with six-figure populations (in the Classic period, Teotihuacan had an estimated 1-1.5 million inhabitants living in four ethnic quarters reflecting the four language families of Mexico). It is intuitively obvious that a civilization that can support cities with up to 750,000 inhabitants has a higher level of science, technology, public health and sanitation standards, trade, transportation, and education than a civilization like that in Europe whose largest city was London (50,000) or Spain (Toledo, 30,000).

Within the first 20 years following the Spanish conquest, 20,000,000 of the 25,000,000 inhabitants of Mexico died. Within the following 20 years another 4,000,000 died.

The Turkish government might not have intended that if it uprooted Armenian citizens of the Ottoman Empire and drove them out to a desert that a million of them might die in the process. The Turkish government did intend for them to be defenseless, because previously it had called up 500,000 Armenian draft age men, had them build fortifications and then killed them. The impact of these decisions is now called genocide.

The holocaust that occurred in Mexico alone makes the World War II holocaust/genocide pale by comparison in its numerical impact; albeit that 6,000,000 of my own people and 1,000,000 Romanyi (Gypsies) is equally horrible in its impact on those populations as the impact on indigenous peoples of the Western Hemisphere.

Does Professor Wiseman actually doubt that policies of the conquerors and their actions did not lead to the deaths of tens of millions of people in the Western Hemisphere? If that is not genocide what does he call it? Who is he to second guess the intent of racist people who conquered the indigenous population in the name of religion or their supposed superior civilizations?

Furthermore, Professor Wiseman ignores the Northern Western Hemisphere well-known Pre-Columbian practice of “counting-coup” as a war rule alternative to killing. Just as warfare by champion (as recounted in the story of David vs Goliath) had evolved in Europe to save armies from mass casualties, Indigenous tribes evolved this more “civilized” concept of winning battles and settling disputes to avoid actual deaths in combat.

I request that you take these issues into consideration in determining what to do about the dispute between Professor and Student.

Respectfully Yours,
Jan B. Tucker
State Director, California League of Latin American Citizens (CALLAC)
aka Rabbi/Tlamatini Boruch Yaadov Moshe Ber Ben Osher Shmuel, Jewish Existentialist World Society (JEWS)

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