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.

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), 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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Riverside County–How do Medical Marijuana Patients Exercise their Constitutional Rights?


The County of Riverside has some legitimate concerns about marijuana dispensaries and growers, but its overall policy, suing a legitimate dispensary where over 85% of its 10,000 members are Hispanic while not a single member of the Board of Supervisors is, is overkill and outrageous….

If you agree after reading this, then email the supervisors and demand that they legalize and regulate dispensaries along the lines we are recommending to them….

August 7, 2015

Honorable Kevin Jeffries

Honorable John F. Tavaglione

Honorable Chuck Washington

Honorable John J. Benoit

Honorable Marion Ashley

Re: Marijuana collective & dispensary regulation in unincorporated areas

Honorable Riverside County Supervisors:

In your recent legislation enacting a new marijuana cultivation ordinance on May 19, 2015, the Press Enterprise reported several of the issues involved in the public policy considerations:

“a dispensary off Highway 74 guarded by a gang member”
“One woman blamed her dog’s poisoning on slug and snail poison she connected to a next-door crop.”
“The crops, typically concealed by dark tarps and fences, attract criminals, create foul odors and lead to the theft of electricity and water, county officials said.”
“Jeffries, citing federal law enforcement officers, said a number of the crops are linked to drug cartels. Officials said homeowners and tenants are often paid hundreds or thousands of dollars a month to allow their properties to be used for marijuana cultivation.”

On April 15, 2014 I attended a continuing education conference on investigation of marijuana dispensaries and related issues concerning the interactions of the Compassionate Use Act (CUA), Medical Marijuana Program Act (MMPA) and federal law and law enforcement. The seminar was put on by the Peace Officers Association of Los Angeles County (POALAC). Instructors included representatives from the DEA, LAPD, LASO, LA County District Attorney and the United States Attorneys Office. Both before and since I have for years been involved in both criminal defense and criminal prosecution work involved drug related offenses, including a stint working undercover at the beginning of my career as a private investigator for three years. I have also worked within the civil litigation arena on matters involving marijuana dispensaries.

Having worked on both sides of these issues, my perspective is not one that can be characterized as either a proverbial “defense whore” or a “prosecution whore.” My effort is to give you some guidance in how to achieve the best public policy legislation that balances the considerations of all stakeholders in the controversy.


The anticipation of organized crime elements involved in the distribution of marijuana is that at least one of the several initiatives currently in circulation in California will qualify for the ballot and pass in the November 2016 election thereby effectively legalizing marijuana in California. It imperative for organized crime to (a) gain a toe-hold in the industry while it remains unregulated on a statewide basis and (b) muscle out as many of their legitimate competitors as possible before that time to keep the price of marijuana as high as possible. Organized crime also to greater or lesser extents perceive these imperatives to actually be in their interest or potential future interests. Without belaboring the reasons for why this is the strategy of organized crime, some examples of what organized crime elements are becoming involved and the potential future problems this will pose for law enforcement and legislators alike include:

  • The Bratva or Red Mafiya of Russia and the former Soviet states is active in some Southern California dispensaries and has used vandalism, threats of violence and violence to try to intimidate and muscle out its competitors
  • One West Hollywood operator committed arson against at least two of his competitors’ locations and kidnapped and tortured a competitor’s parents
  • The Jerusalem Network of the Israeli Mafia – in conjunction with other organized crime groups – has injected its signature product, MDMA (“Ecstasy”) into the mix as a marijuana adulterant which is then marketed as “Spice K-2 Queen” amongst other brand names.

Law enforcement is one ingredient in the public policy mix to force these and other organized crime elements out of the emerging marijuana industry. Another ingredient is regulated competition. The current environment of haphazard regulation in some jurisdictions and the attempts of some other jurisdictions to completely ban dispensaries is actually enabling those institutions that do not care about being lawful and which have the most resources, i.e. organized crime, to flourish at the expense of those attempting to comply with the law.

Allowing properly regulated marijuana dispensaries to operate inherently creates a magnet for organized crime incursion at the same it provides an opportunity for law enforcement to develop appropriate relationships with legitimate operators to ensure that those operators will report criminal activity by their competitors. Instead of having a “narc” trying to bust legitimate operators, a better model for public policy is to have the narcotics squad of local law enforcement assign a dispensary liaison officer who can gain the confidence of those operators and turn them into willing and enthusiastic informants on organized crime.

As a condition of licensing, the operators of legitimate dispensaries should be designated as mandatory reporters of various activities involving offenses that law enforcement needs to deal with.

Another condition of licensing should be more extensive background investigation than a simple NCIC and BCII search of criminal records by livescan. As an example the State of Nevada – precisely to keep organized crime elements out of the industry – performs an extremely thorough background investigation on applicants for a private investigator license. Please note that I am not suggesting that people with past criminal records be kept out of the industry unless they lie on their applications for licensing; they should merely have greater discretionary scrutiny on their operations once licensed.


The preamble to the United States Constitution reflects that it is a goal of our system to “provide for the general welfare.” Expanding what this theme means is California’s Constitution Article I, Section 1 which states: “All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.”

Vis a vis the medicinal use of marijuana and marijuana derived substances (e.g., THC Delta 9, CBDs, and CBCs) how does a government agency balance all these constitutional rights and public policy goals? How does government insure that people can:

  • enjoy and defend life;
  • enjoy and defend liberty,
  • acquire, possess and protect property;
  • pursue and obtain safety;
  • pursue and obtain happiness;
  • pursue and obtain privacy?

Whatever government does, it must be cognizant that strict scrutiny applies. As Justice Scalia wrote,

It is established in our strict scrutiny jurisprudence that ‘a law cannot be regarded as protecting an interest ‘of the highest order’ . . . when it leaves appreciable damage to that supposedly vital interest unprohibited’” (quoting Florida Star v. B. J. F., 491 U. S. 524, 541–542 (1989) (SCALIA, J., concurring in part and concurring in judgment) Gonzales v. O Centro Espirita Beneficente Uniao do Vegetal, 546 U.S. 418 (2006)

As noted above a complete ban in some jurisdictions is just encouraging the growth of organized crime, must as the prohibition of alcohol enabled organized crime to dominate the liquor industry. These bans are therefore failing to accomplish the “supposedly vital interested” as Scalia noted. Furthermore, they are failing to accomplish the public policy considerations set forth in Federal Department of Justice prosecutorial discretion as set forth in Deputy Attorney General James M. Cole’s August 29, 2013 memo to United States Attorneys [Exhibit 1].

Because a complete ban on marijuana dispensaries inherently implicates restrictions on rights explicitly stated in Article 1, Section 1 of the California Constitution, it is the government’s obligation to reach whatever compelling government interest is has by the least restrictive means possible. This is axiomatic for our theory of constitutional government. Licensing and regulating marijuana dispensaries is the best public policy option to fulfill these goals.

Federal policy as stated by Deputy A.G. Cole emphasises the following:

• Preventing the distribution of marijuana to minors;
• Preventing revenue from the sale of marijuana from going to criminal enterprises, gangs, and cartels;
• Preventing the diversion of marijuana from states where it is legal under state law in some form to other states;
• Preventing state-authorized marijuana activity from being used as a cover or pretext for the trafficking of other illegal drugs or other illegal activity;
Preventing violence and the use of firearms in the cultivation and distribution of manjuana;
• Preventing drugged driving and the exacerbation of other adverse public health consequences associated with marijuana use;
• Preventing the growing of marijuana on public lands and the attendant public safety andenvironmental dangers posed by marijuana production on public lands; and
• Preventing marijuana possession or use on federal property.

Many dispensaries, especially the permitted dispensaries in Palm Springs and Desert Hot Springs, are founded by individuals trying to gain market share in an upcoming industry and have very little background experience or knowledge of the product they are selling. This is evident to any truly well-versed medical marijuana consumer within minutes of walking in their doors and especially after consuming their products. These dispensaries are not the type of places that seriously ill people can rely on to obtain the medication that they require for specific ailments. Often times these dispensaries are buying product from vendors that retrieved it from an unknown source, who could have used harmful synthetic nutrients and pesticides, with no validity to the genetic lineage of strain names and therefore contain unknown medical effects.

Public policy, to be consistent with Article I, Section 1 of the California Constitution, should institute a regulatory framework to guard the public against these dangers and insure the delivery of quality, efficacious products to the medical marijuana consumer.

Examples of the kinds of patient service goals that a regulated dispensary should aspire to and which government regulation should seek include:

  • Operating strictly as true non-profits in accordance with Prop. 215 and SB 420;
  • Aeroponics production to ensure the company’s ability provide enough clean, genetically-true medication for its patient base;
  • Carefully and truthfully designed product displays;
  • Pharmaceutical-grade pneumatic medication delivery system and advanced environmental storage methods to preserve medication quality and effectiveness;
  • Knowledgeable well trained staff to assist patients in finding exactly what they need;
    Genetically-true strains of clean aeroponically-grown marijuana, each one providing patients with the specific unique medical effects they require and can rely on for relief;
    Avoiding the harsh and dangerous side effects of most synthetically-grown, pesticide-ridden product available locally.


Cafe Canna Cabana’s patient base of around 10,000 patients demands access to its unique medicine. Around 87% of its patients are Hispanic, many of which are low-income and cannot afford the medicine that they need for relief. Because of its current strength, Cafe Canna Cabana offers special discounts and even a constant free supply of whatever medicine is needed to select individuals with serious illnesses who cannot afford it themselves.

Continuing the county’s litigation against this operation [See Exhibit 2] instead of enacting an appropriate regulatory ordinance will have a disparate impact against these deserving patients. In a county that is by the 2010 Census over 45% Hispanic [but without any Hispanic County Supervisors] that is egregious and unjustifiable. It has ethical and moral implications—if not legal and constitutional ones—for a fundamental denial of the rights of equal protection along with those implicated in Article I, Section 1 of the California Constitution.

Respectfully Yours,  Jan B. Tucker


It takes decades to fully familiarize oneself with the cannabis industry. We, Cafe Canna
Cabana, have found our niche as the key provider of such medicine. With over thirty years of extensive research and development on the subject, we have attained heirloom genetics and bred many strains that create an array of distinct medicinal effects. These genetics have been carefully selected and stored under optimal conditions to maintain efficacy and prevent mutation. We are equipped with a passionate team managed by industry leader Dale Devore, and utilize a full spectrum of evolving cultivation and breeding techniques based on methods passed down by artisan cannabis growers and techniques meticulously developed through direct experience.
Dale Devore was brought up in Huntington Beach by his father (Orange County Sheriff Sargent) and mother (Costa Mesa Police Department). He was a talented, aspirational, hard-working kid that began studying music at an early age. Dale became a performing classical pianist and composer in his early 20s, after being mentored by the likes of Sigal, Chalmers, Dr.Tifferd, and spending four years at the Grove School of Music. At that time, if somebody “smoked pot” they were not allowed in his home. He was completely against it. He only associated with people of a higher caliber…
At the age of 31, Dale became extremely ill to the point of which he had to surrender his career as a pianist in turn for spending an average of 4 days out of every week in the emergency room with unexplained extreme nausea, vomiting, fainting, and internal bleeding. As a result of twenty-seven years of misdiagnosis and wrongly prescribed pharmaceutical medications nearly every vital organ in his body was damaged beyond repair in the crossfire. Without a correct diagnosis or treatment, his condition continued to progress to a point of extreme danger. His esophagus was so constricted that attempts to swallow water would often end up coming out of his nose. Finally, after 27 years of misdiagnosis, Dale found a doctor in Oregon who correctly identified his condition as esophageal achalasia with a pancreatic rest. Surgery, which reverses itself every five years, opened up his esophagus and allowed him to swallow food and water temporarily, although other symptoms and the damage caused to vital organs still persist. Dale’s pancreas no longer secretes a hormone that tells the body it’s hungry, he lives with constant excruciating internal pain, extreme insomnia, and is now on the verge of kidney failure and diabetes. Dale never had health insurance through any of the expensive treatments and wrong medications. Thus, he had to come up with the cash to pay for it all himself or else treatment was refused.
During the time of misdiagnosis, Dale developed an unexpected interest in medical marijuana after he was basically forced by one of his doctors to try it in an effort to relieve his nausea, pain, and anxiety. With a carefully controlled dose, it miraculously eased his symptoms enough for him to be able to experience some quality of life without feeling intoxicated. This experience sparked his interest enough for him to begin researching the thousands of years of documentation recording the medicinal effects of the plant and its origins. Soon enough, Dale had fully immersed himself in a life that revolved around the cultivation, consumption, and sharing of this miracle herb. He believed so much in this medicine, that he risked prosecution in exchange for a life revolved around pushing the edges in cultivation research and innovation, heirloom genetic collections, and breeding for specific medical uses.
After learning about the unique medical effects of different strains of marijuana, differentiated by genetically-determined cannabinoid ratios, found throughout the world, Dale went on a scavenger hunt across the globe…from emergency rooms in Amsterdam to small clinics he was forced to visit in Africa along the way… making friendships with different tribes and groups of people that carried rare genetics of land race strains which each portrayed distinct effects. They would gift these genetics to Dale for use in his research and strain development. Strains collected from Nepal and Afghanistan generally exhibited more deep pain-relieving effects, while those from Thailand and certain parts of Africa induced anti-nausea and appetite stimulation effects. After collecting what is likely the most valuable and extensive seed stock known to date, many strains of which have been otherwise completely lost by society through war and hardship, Dale began his projects of phenotype selection and breeding his own strains for specific medical effects. For instance, he has bred many high CBD (Cannabidiol) strains for majorly reducing frequency and severity of seizures in epileptic individuals. Overall, he now maintains an impressive variety of strains to aid a myriad of different ailments.
With the same analytic mind that composed musical numbers, Dale began developing and testing cutting-edge cultivation systems. After starting off growing in soil, he experimented with hydroponics (growing plants in a soil-less medium with recirculating water). After mastering this method of cultivation and searching for better, he spent the next twenty years developing aeroponics growing systems. Aeroponics, with its use of a hydro-atomized spray to deliver nutrients to roots suspended in air, minimizes water use, increases oxygenation of roots, and offers excellent plant growth as well as resin production (containing the medically active constituents of marijuana). Aeroponics’ elimination of substrates and the need for large nutrient stockpiles reduces the amount of waste materials. The absence of substrates simplifies planting and harvesting (providing opportunities for automation), decreases the volume and weight of expendable materials, and eliminates a pathway for pathogen transmission. In fact, the system even routes its waste water to a neighboring business that uses it as “gray water” for hydro-cutting tile. Dale was honored and interviewed by Richard Stoner, of the federal NASA project, for the innovative and impressively effective aeroponics systems that he developed which allows for the use of organic nutrients and pest-resistance to create a much safer end-product compared to that grown with synthetic nutrients and sprayed with dangerous pesticides.
Many dispensaries, especially the permitted dispensaries in Palm Springs and Desert Hot Springs, are founded by individuals trying to gain market share in an upcoming industry and have very little background experience or knowledge of the product they are selling. This is evident to any truly well-versed medical marijuana consumer within minutes of walking in their doors and especially after consuming their products. These dispensaries are not the type of places that seriously ill people can rely on to obtain the medication that they require for specific ailments. Often times these dispensaries are buying product from vendors that retrieved it from an unknown source, who could have used harmful synthetic nutrients and pesticides, with no validity to the genetic lineage of strain names and therefore contain unknown medical effects.
Cafe Canna Cabana was founded by Dale Devore last year as an avenue for legally sharing his true medicine with patients in need. With all of the recent changes in government in regards to its perspective on medical marijuana, admitting its efficacy for many ailments, finally it was time for Dale to bring forth his decades of research and development by providing access to his clean, genetically true, and medically effective product. The company was started with practically no capital investment for the storefront. The day doors were opened, inviting in local patients in need, medication was served over a display counter that was borrowed from a neighbor. Operating strictly as a true non-profit in accordance with prop.215 and SB420, all proceeds have been invested back into the company to improve and extend our services to patients. Aeroponics production is constantly expanded to ensure the company’s ability provide enough clean, genetically-true medication for the increasing patient base. Cafe Canna Cabana now provides an enjoyable atmosphere with carefully designed product displays, a pharmaceutical-grade pneumatic medication delivery system, advanced storage methods to preserve medication quality and effectiveness, and an extremely knowledgeable staff to assist patients in finding exactly what they need. The dispensary carries an extensive menu boasting over 100 genetically-true strains of clean aeroponically-grown marijuana, each one providing patients with the specific unique medical effects they require and can rely on for relief. Dale also created in-house topical products from the clean medicine such as a Balm that patients rave about for its efficacy against skin cancer, psoriasis, and muscle pain.
Many seriously ill members of Cafe Canna Cabana refuse to obtain their medication from any other dispensary because they report that our strains are far more effective for providing clean medicinal effects and improving quality of life without the harshness and dangerous side effects of most synthetically-grown, pesticide-ridden product available locally. When they purchase “Hindu Kush” from Cafe Canna Cabana for back pain relief and insomnia, they actually experience those specific medical effects. When purchasing “Malawi Sativa” for appetite stimulation and to counter depression caused by chemotherapy drugs, they experience those effects and can go about their day without being accidentally put to sleep from having unintentionally consumed the wrong strain, as is common with product received from other dispensaries.
Cafe Canna Cabana’s patient base of around 10,000 patients demands access to our unique medicine. Around 87% of our patients are Hispanic, many of which are low-income and cannot afford the medicine that they need for relief. Because of our current strength, we are glad to be able to offer special discounts and even a constant free supply of whatever medicine needed to select individuals with serious illnesses who cannot afford it themselves. Cafe Canna Cabana supports our patients being active in their community and local government, and thus we have participated in the Rock the Vote campaign, successfully registering a large portion of our patient base to vote.
Since its beginning, Cafe Canna Cabana has been an asset to its community. We provide security patrol to the entire Thousand Palms business park, which otherwise has none, and have made calls on multiple incidents of suspicious activity preventing many automobile and business break-ins. We are thanked on a regular basis by local businesses such as American Cab, Coachella Valley Brewery, Millestone, and Gameroom Gallery. We have stopped a burglary in progress at a neighboring business in cooperation with Riverside County sheriffs. We have always been on good terms with local law enforcement, and have invited local sheriffs to walk through our cultivation facilities on several occasions. They were very impressed. While a group of Riverside County Firefighters walked through our facility, they made a few requests for changes to wiring and wall materials for fire safety. We invested in renovating everything to code, as requested, in an effort to be as compliant as we could be. We are the largest consistent donor to the Riverside County Firefighters’ Benevolent Fund. Many ill friends of the local firefighters, and the wife of one in particular who is currently on chemotherapy, are members of our collective and rely solely on us for their medicine. Cafe Canna Cabana has also offered to fund the development of a local community center for kids of Thousand Palms, which could really use the support according to statistics of local high school graduation rates , but so far the county has refused our offer.
Cafe Canna Cabana wants to operate in compliance with Riverside County, and doesn’t mind sharing some of its income with the county as a tax. We report and pay sales tax on all sales from our nonprofit, which is evident by our large monthly sales tax prepayments to the State. The one point of which we cannot comply is the zoning ordinance that bans dispensaries to exist in the area due to a nuisance violation. Clearly, we are not a nuisance and we offer great value to our community. If we were to comply with the ban, we wouldn’t be able to provide patients in need with our superior medicine. We are fully transparent, cordial, and would be more than happy to abide by any other county requests.
Cultivating the highest quality, medically-effective marijuana products to share with others is all that Dale Devore wants to do with the remainder of his life. It is now the only means of survival that he knows and feels passionate about. His minimal salary from Cafe Canna Cabana provides his livelihood of which he relies on to support his young son and to afford the expensive medications that he must take to maintain decent quality of life. He truly believes in what he is providing to patients and knows that without his assistance, most locals will not receive proper care or relief from their other options.

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What Evil Lurks in Hillary’s Emails?


August 12, 2015

Select Committee on Benghazi
United States House of Representatives
Washington DC 20515

Honorable Representatives:

As the legislative committee with the primary responsibility for investigating issues concerning Hillary Clinton’s emails I am requesting that you expand the scope of the inquiry to specifically explore communications concerning the extradition and/or rendition of American citizens from Cambodia in relation with alleged sex crimes. These emails will have bearing on critical issues for congress and the American people, including but not limited to:

1. The funding of NGOs by the White House Office of Faith Based Services;
2. The role of those NGOs in suborning perjury for use against American citizens;
3. The role of those NGOs in kidnapping underage witnesses, brain washing them to convert from Buddhism to Christianity, and bribing/intimidating their parents to acquiesce;
4. The role of a United States Senator in effecting the rendition of an American citizen from Cambodia to the United States;
5. The role of consular officials in subverting the protections of the Vienna Convention.

I am making this request without any expectation of success. I recognize that this request has serious implications for (a) an important Republican constituency and (b) embarassment for two declared Democratic Presidential candidates and the incumbent President. Nevertheless it is also my intention to exhaust systemic remedies in an effort to see if anybody in congress is unbiased and honest.

Respectfully Yours,
Jan B. Tucker

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Mohsen Loghmani: Another lawsuit bites the dust


For background, see Mohsen Loghmani’s Im Pro Per Performance/

Mohsen Loghmani recently sued me for testifying against him as an expert witness, along with the lawyers and clients from that case….Here’s the Judge’s tentative ruling for tomorrow’s hearing….

Case Number: BC581625    Hearing Date: July 23, 2015    Dept: 56

Case Name: Loghmani v. Tucker, et al.
Case No.: BC581625
Matters: (1) Anti-SLAPP Motion; (2) Vexatious Litigant Motion

Tentative Ruling: (1) Anti-SLAPP motion is granted; (2) Vexatious litigant motion is denied

Plaintiff Mohsen Loghmani dba L.A. Design Group filed this action against various defendants arising out of another lawsuit which resulted in a judgment against Plaintiff and his wife. The complaint asserts causes of action for intentional and negligent misrepresentation, fraudulent concealment, abuse of process, civil conspiracy, intentional infliction of emotional distress, and declaratory relief.


Defendants Jan B. Tucker, James Jeffery Little, Michael Thompson, Law Office Administrators LLC, J.J. Little & Associates P.C., Moses Chadwick, Carolyn Chadwick, Davis Daryl Nucum, and Tessie Cleveland Community Services Corporation move to strike Plaintiff’s complaint pursuant to CCP §425.16, the anti-SLAPP statute. In connection with the motion, Defendants request judicial notice of papers filed in Case Nos. EC057134 and TC023641; the RJN is granted.

An anti-SLAPP motion involves a two-step process: 1) the defendant must establish that the challenged causes of action arise from protected activity; and 2) if the defendant makes this showing, the burden shifts to the plaintiff to establish a probability of success on the merits. E.g. Navellier v. Sletten (2002) 29 Cal.4th 82, 88; Brenton v. Metabolife International (2004) 116 Cal.App.4th 679, 684.

Protected Activity –
In the first step of an anti-SLAPP motion, the moving party must make a threshold showing that the challenged cause of action “arises from an act in furtherance of the right of petition or free speech in connection with a public issue.” Varian Medical Systems v. Delfino (2005) 35 Cal.4th 180, 192. A claim “arises from” protected activity when the activity forms the basis for the plaintiff’s cause of action. Equilon Enterprises v. Consumer Cause (2002) 29 Cal.4th 53, 66.

Plaintiff’s complaint is based entirely on things that happened in the earlier lawsuit against Plaintiff and his wife, EC057134. See Complaint ¶ 29-49. It contains allegations on matters such as withdrawal of a designated expert witness, failure to provide documents until after trial commenced, the unqualified testimony of expert witnesses, and offering fraudulent testimony. These allegations and all of the causes of action concern statements and writings in connection with civil litigation, which is protected activity under the Anti-SLAPP statute. See Rohde v. Wolf (2007) 154 Cal.App.4th 28, 35; Cabral v. Martins (2009) 177 Cal.App.4th 471, 479-80; Briggs v. Eden Council (1999) 19 Cal.4th 1106, 1115.

In opposition, Plaintiff has argued that the Anti-SLAPP statute does not apply because the activity was illegal. But this is just a bald argument with no evidence or other support. The defense of illegality must be established through the opposing party’s concession or by admissible evidence that conclusively establishes illegal conduct as a matter of law. See Flatley v. Mauro (2006) 39 Cal.4th 299, 320; Paul for Council v. Hanyecz (2001) 85 Cal.App.4th 1356, 1365-67.

Defendants have met their burden to establish that Plaintiff’s action arises from protected activity.

Probability of Prevailing –
Because Defendants have established that Plaintiff’s action arises from protected activity, the burden shifts to Plaintiff to present admissible evidence that supports a prima facie case in his favor, much like the burden on a motion for summary judgment or directed verdict. See Code Civ. Proc. §425.16(b)(1); Taus v. Loftus (2007) 40 Cal.4th 683, 714; Chavez v. Mendoza (2001) 94 Cal.App.4th 1083, 1087. To meet this burden, Plaintiff must submit evidence that would be admissible at trial. See HMS Capital v. Lawyers Title (2004) 118 Cal.App.4th 204, 212. He cannot rely upon lay opinions, legal conclusions, speculation or argument. See Gilbert v. Sykes, supra 147 Cal.App.4th at 26; Morrow v. LAUSD (2007) 149 Cal.App.4th 1424, 1444.

Plaintiff has not offered any evidence in opposition to the motion. He makes references to his complaint, but this is insufficient. See Hecimovich v. Encinal School PTO (2012) 203 Cal.App.4th 450, 474; Church v. Wollersheim (1996) 42 Cal.App.4th 628, 656.

In addition, Defendants have affirmatively shown that the absolute litigation privilege under CC §47(b) applies to all of the conduct alleged in the complaint. This privilege broadly applies without regard to malice. See Silberg v. Anderson (1990) 50 Cal.3d 205, 211-12; Jacob B. v. County of Shasta (2007) 40 Cal.4th 948, 95-56.

Plaintiff has failed to meet his burden to establish a probability of prevailing on his claims.

Ruling –
The Anti-SLAPP motion is granted and the complaint is stricken. It is not clear whether Defendants Tunnell and BTI Appraisal have joined in the motion. The grounds apply to all defendants, and if there is joinder it will be granted with an order striking the complaint as to all defendants.


Defendant Tessie Cleveland Community Services Corporation (TCCSC) also moves to declare Plaintiff a vexatious litigation pursuant to CCP §391. In connection with the motion TCCSC requests judicial notice of various court documents; the RJN is granted.
Section 391(b) lists four distinct definitions for a vexatious litigant. These are “alternative” definitions, and the evidence must separately establish the requirements for a defined category. See Holcomb v. US Bank NA (2005) 129 Cal.App.4th 1494, 1501.
TCCSC’s evidence does not meet this standard, because it combines or mixes conduct within each of the four definitions. Based upon the record presented, the motion is therefore denied.

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Jan B. Tucker for Vice President: Immigration, the Border & Civil Rights


Enforce the Treaty of Guadalupe Hidalgo
Invoke Article 21 Neutral Arbitration
For Immigration, the Border, and Immigrant
Rights Issues

Ever since the United States signed the Treaty of Guadalupe Hidalgo and the Protocols of Quaretaro to end the Mexican-American War, the United States has failed to abide by our international commitments.

In California Mexicans or persons of Mexican extraction were barred by California law from bringing criminal charges against Caucasians or testifying against them in court under the theory that they were at least one-quarter of Indian (Native American) extraction.

Not until 1947, a hundred years after the Mexican-American war, did California and federal courts even declare that school segregation directed against Mexican-Americans was unconstitutional. Even then, the fact of school segregation took decades longer to end.

Today, the federal government continues to build anti-immigration barriers across private land that is supposed to be sacrosanct under the Treaty of Guadalupe Hidalgo as owned under Spanish land grants. Municipalities repeatedly violate Native American burial grounds that were arguably protected under the Treaty and the Protocols of Quaretaro.

It is also routine that the rights of Mexican immigrants under the Vienna Convention on Consular Relations are violated when they are arrested, with no access granted to Mexican consular officials and no admonition by peace officers of their rights to consular access.

Bowing to racist and xenophobic pressure, Congress repeatedly attempts to deal with the immigration issue unilaterally and without regard to the history of violations of the rights of Mexico, Mexican citizens, and the descendants of immigrants by the United States.

Congress should enact a resolution calling upon the executive branch of government to invoke Article 21 of the Treaty of Guadalupe Hidalgo and establish either a joint commission of both the United States of Mexico and the United States of America to negotiate over all issues of rights and border issues that have arisen, or, Article 21’s provision for third-party neutral arbitration of these issues should be invoked. The time for American unilateralism in foreign policy should be over. The United States of America should live up to its international commitments, starting with the Treaties that we have signed.

Federal Elections Commission ID # C00579748, Roseanne & Jan The Team With a Plan

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Jan B. Tucker for Vice President: Real Socialized Health Care


Real Socialized Health Care

The Affordable Care & Patient Protection Act, which President Obama and Congress fashioned after Mitt Romney’s Massachusetts legislation:

  • Does NOT contain a real “public option” for people to buy a health insurance policy from the government
  • Will force people who currently can’t afford to buy health insurance to get a policy and fine them if they don’t
  • Makes women get a separate private health care policy to cover abortion-only to protect themselves if they need to terminate a pregnancy
  • Guarantees high profits for the insurance industry as the net result

If you feel like you’ve been sold out by the Democratic Party on everything it promised in the 2008 election, you’re not alone. The Democrats even took “single payer” health insurance proposals off the table before the debate even began, which at least would have reduced insurance company profits.

Our campaign supports the National Health Service Act, which was originally introduced in Congress by then-Rep. and now Oakland Mayor Ron Dellums and later by Rep. Barbara Lee.

The Health Service Act would create a community based national health service. The Act would create a nationally-funded network of regionally-planned, community-based prepaid health plans. The system would be nationally-funded, so that inequalities among communities would not prevent the equitable provision of health services. Residents in every community in the land would have access to the system. They could go to the service providers nearest to them, or to any others within the national system. The system would be regionally-planned, so that services would be available to each community with every region on a rational and equitable basis.

No one wants a large, unaccountable bureaucracy running our medical care system. An elected Community Health Board would administer the local health institutions and the health advocate for the community. 50% of the board would be elected by the residents and 50% of the board would be elected by the workers in the facility.

That’s democracy in action. REGISTER PEACE AND FREEDOM PARTY and VOTE FOR Roseanne and Jan, The Team with a Plan!

Federal Elections Commission ID # C00579748, Roseanne & Jan The Team With a Plan

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Jan B. Tucker for Vice President: LGBTI issues


LGBTI Issues

In 1970, the California Peace & Freedom Party made history by calling for an end to discrimination against LGBT people, well before any other political party even recognized the categories of Lesbian, Gay, Bisexual and Transgender people as being oppressed and discriminated against. At its 1970 Long Beach State Convention, PFP went on record for:

  • Abolishing all laws against consenting adult sex (young people may not realize that until 1974 California had criminal laws against consenting adult same-sex couples)
  • Eliminating all political and social discrimination against LGBT people
  • Requiring that LGBT lifestyles be taught in schools in mandatory sex-education classes as legitimate alternative lifestyles.

At that time, PFP and the Gay Liberation Front shared an office and GLF West Coast founder Morris Kight pledged in his notorious campaign to take over Alpine County that it would have been a victory for PFP along with the GLF (the inside story of that campaign is one to be told over drinks…).

Another Gay liberation organization at the time, The Lavender People, was headed by PFP activist Len Evans.

I still stand by the ideals expressed in that platform to this day, but I didn’t wait for decades – as many liberal Democrats did – to get around to publicly espousing or implementing those precepts. As a young junior high school student activist at Pacoima Junior High, we organized a debate club. I espoused getting rid of the oppressive laws against LGBT people and their social stigmatization.

When a girl wanted to join our then all-male debate club, I insisted that she be allowed in and defended her when other boys in the club Lesbian-baited her. I made clear that I couldn’t care less if she was or was not a Lesbian (she wasn’t out of the closet at that point and was denying it), she had a right to be a member (this was before laws were implemented banning discrimination in campus clubs). Years later, when I was campaigning for Lieutenant Governor in 1978 I ran into her at U.C. San Diego. She was now out of the closet and reminded me of the incident where I stood up for her all those years ago. It’s one of the things I’ve done of which I am proudest.

In 1998, I was endorsed for State Treasurer by the Northern California based Lesbian Voter Action Caucus. They called to quiz me on the issues they were concerned with and when they asked me about how I stood on same sex marriage, I replied, “Are you kidding? My running mate for Lieutenant Governor is a Lesbian.”

The person questioning me wasn’t satisfied. She insisted, “But you still have to answer the question.’ So I continued, “Okay, let me put it this way. Our slate held it’s major fundraiser in a Lesbian bar.”

She still wanted to know specifically where I stood on the issue, so finally I said, “Let me put it this way: I am the only candidate who has ever PERFORMED a same sex marriage. I performed the ceremony for Lisa and Paula, the co-presidents of the West Hollywood NOW Chapter, in front of the Federal Building in Van Nuys to protest DOMA [the Defense of Marriage Act]. Does that answer the question?”

She was satisfied with that answer.

During that campaign, our slate also produced a leaflet which explained why, with the Democrats as friends, LGBT people might not need enemies. The Democratic Party was extolling the virtues of their having made discrimination against LGBT people in the workplace unlawful. The problem was that discrimination against them was already deemed illegal by a State Supreme Court decision which had actually criminalized discrimination against LGBT people (Gay Law Students vs Pacific Bell). The Democrats in the legislature codified but decriminalized discrimination when they passed their law. Previously, employers who discriminated against LGBT people could have gotten six months in jail.

The solution should have been to extend the criminalization of discrimination in the workplace to protect all people on the basis of race, creed, color, political belief, national origin, sex, gender orientation, and all other arbitrary bases. By doing what they did, the Democrats left the only kind of discrimination that is punishable by jail as discrimination by an employer on the basis of political belief, activity, and affiliation. If elected to Vice President, I will work to criminalize intentional discrimination on a national basis.

Aside from my record in fighting discrimination based on sexual orientation, I have more than average experience at combating discrimination on the basis of gender orientation, i.e., Transgender issues. As a private investigator, I have worked on:

  • An insurance discrimination case involving bad-faith failure to pay a death claim on a transvestite who listed herself as female
  • The gang rape of a transsexual (MTF) intentionally placed in a male-only cell by a Wackenhut security guard at a privatized San Diego County jail in violation of policy
  • The harassment of and physical attack on an L.A. County Mental Health worker (MTF) by her co-workers after a fellow employee illegally accessed her medical file and out-ed her at work.

My work on these kinds of issues and cases has convinced me over and over again of the need to both criminalize intentional workplace discrimination, harassment and retaliation. We must also legislate the Model Policy on Workplace Harassment which I authored and which has been nationally adopted as policy by the League of United Latin American Citizens. That policy was originated by SFV/NELA NOW and introduced by then-Assembly Member Cindy Montanez in the 2002-3 California legislative term as AB 1617.

Federal Elections Commission ID # C00579748, Roseanne & Jan The Team With a Plan

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Jan B. Tucker for Vice President: The Aftermath of the Foreclosure Crisis


Addressing the Foreclosure Crisis Starts with a Moratorium on Foreclosures and Treating Criminals Like Criminals

If the people who helped to create the mortgage meltdown were running classic fraudulent scheme in which unwitting people were manipulated into participating what they think is an entirely different fraud, so that when they were ripped off they would be afraid or too embarrassed to go to the police, prosecutors and a police bunco squad would treat the people who got ripped off as victims and not charge them with a crime in exchange for testimony against the real criminals.

Corporate criminals in the mortgage industry depend on people not coming forward to say that they were solicited and cajoled into submitting false financial papers to get sub-prime mortgages because in essence, these victims who got talked into it participated in a fraud. However, they remain just as much victims as people who get taken every day by street level confidence schemes.

We need a nationally coordinated criminal procedure policy to start at the bottom and work up the food chain to put corporate mortgage criminals behind bars:

  • Congress should appropriate a fund for polygraph examinations for the victims of these frauds and for higher ups who are prepared to give truthful testimony to implicate those higher up than themselves
  • A law granting amnesty should be passed for any person who got a mortgage with false financial statements if they pass a lie detector examination demonstrating that they were solicited to do so by employees or agents of the mortgage broker or lender
  • Appropriate leniency should be encouraged by prosecutors to mortgage industry employees who implicate higher ups
  • Congress should make the results of polygraphs conducted by American Polygraph Association examiners admissible when done according to APA ethics and guidelines for federal criminal and civil prosecutions for these cases

As this process will undoubtedly lead to “predicate acts” as defined in the Racketeer Influenced and Corrupt Organization Act (RICO) law (18 USC 1961 et seq), mortgage companies and their officers and directors who participated in these practices should be prosecuted under the RICO Act, just like organized crime, because that behavior is exactly what they engaged in.

Federal Elections Commission ID # C00579748, Roseanne & Jan The Team With a Plan

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Jan B. Tucker for Vice President: Israel & Palestine



The first problem with arguments about the Middle East and what to do to bring peace to the peoples of Israel and Palestine suffer from the fallacies of ambiguity, a variety of informal fallacies in the formal study of logic. That is because everybody has their own idea of what certain ideologies are all about when in fact they mean very different things to many different people. The word “Zionism” is the worst problem.

Contained within the term “Zionism” are many sub-ideologies, some of which are not even compatible with each other. One group calls itself “Labor Zionist” and purports to seek to establish a Jewish state in Palestine, i.e. Israel, that is socialist, democratic, and protects the equal rights of all Israelis whether or not they are Jewish. The “Zionist Revisionists” on the other hand want a Jewish state, Israel, that literally encompasses “Israel on both sides of the Jordan River,” meaning they want to not only annex the West Bank (Cis Jordan) but also the East Bank (Trans Jordan, i.e., the current Kingdom of Jordan). These are just two examples. It didn’t help the discussion when then Israeli Prime Minister Golda Meier dumbed the concept down by asserting that “all Jews are Zionists” and that “if you support Israel’s right to exist you are a Zionist” after the United Nations passed a resolution denouncing Zionism as racism.

Prior to World War II, the major opposition to Zionism was Bundism, represented by the Jewish Labor Bund, a socialist political movement that espoused that Jews had the right to live and be culturally autonomous anywhere and especially in Europe where most Jews lived at the time. Hitler and the Nazis put an effective end to that movement.

Another trend was the Reformed Jewish traditional teaching prior to World War II that Jews were simply a religion, that they were and of right ought to be citizens of any nation they lived in, and not a people. During World War II the American Council for Judaism argued that the ideology of Zionism, which pre-supposes that Jews are a “people” as well as a religion, was based upon the proposition that Jews had to go to Palestine and become a majority state because gentiles were supposedly inherently Anti-Semitic. The American Council for Judaism even compared the belief that gentiles were inherently anything the flip-side of Nazi ideology and questioned what the Jews would do to a non-Jewish minority that was by definition of Zionism Anti-Jewish. Again, Hitler and the Nazis did much to discredit these arguments by the Jewish emotional reaction to the Holocaust, but these questions were prescient then and more important now that there is an Arab minority within Israel and a Palestinian majority under Israeli occupation in the West Bank.

There are also significant ultra-Orthodox Jewish sects which assert their own theological position that Israel can only be created by the Messiah and that Jews are barred from creating Israel as a Jewish state in the absence of the Messiah.

Just as important it is critical to advance the American ideals of secularism, feminism, opposition to racism, and the strict separation of church and state. Israel’s formal recognition of so-called “official” religions and the formal recognition of religious authorities to control all aspects of family law, from marriage to divorce and child custody matters, is an abomination and irrational in the modern world. Equally abhorrent are proposals by the Israeli Jewish right-wing parties to legally define Israel as a “Jewish state” as though non-Jews are somehow not equal before the law.

It is high time to stop arguing about the past and find a way forward. If we believe in the traditional American belief in “self-determination of nations” that Woodrow Wilson advanced at the World War I peace discussions, then we must recognize that rightly or wrongly it appears that most Israelis and most Palestinians support a two-state solution. Because that appears to be the self-determinative course for those who will have to live with the consequences, the United States should adopt the following foreign policy:

  • Adoption of Activist Neutrality foreign policy by the United States towards the adversarial parties in Israel/Palestine disputes (“Activist Neutrality” is a foreign policy doctrine originated by and adhered to by Ireland regardless of which party has been in power in that nation) which includes but is not limited to a policy of no unilateral U.S. vetoes of U.N. Security Council resolutions on the subject
  • Recognition of Palestinian Independence
  • Israeli and Palestinian joint sovereignty over Jerusalem, with Jerusalem’s municipal government unitary and residents allowed to chose citizenship in either or both states
    Promoting the re-naming of the “State of Israel” to be the State of Israel and Ishmael” in recognition of the historical roles of the children of Abraham and the right to equal protection of law
  • Complete separation of church and state in Israel and the usurpation of family law by the State, with one feminist oriented family code to cover all people (instead of decisions based upon Orthodox Jewish law for Jews, Sharia for Muslims, and Christian doctrines for various Christian denominations…)
  • Adoption of the International Covenant on Civil & Political Rights as a self-executing document and as the basis of a written constitution by all states in the Middle East (Spain and Andorra have in large part adopted the ICCPR as their basic constitutional law)

Furthermore, the Peace & Freedom Party strategically and tactically should support Middle East peace efforts by:

  • Opposing organizations such as Hillel which slavishly promote the right-wing government line of Israel by suppressing internal debate within its college chapters (which has resulted in the Swarthmore Chapter and other college units courageously disaffiliating because of their own commitment to peace and reconciliation with our Palestinian cousins)
  • Promoting PFP organization in our neighboring State of Oregon in opposition to right-wing U.S. Senator Ron Wyden who was once described by CounterPunch Magazine as to the right of Ariel Sharon in the context of Israeli politics
  • Promoting better understanding and unity amongst American Jews, Muslims, and other Middle Eastern peoples living in the U.S.

Federal Elections Commission ID # C00579748, Roseanne & Jan The Team With a Plan

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