DBD 6.25.08 Hippies To The Rescue!
Oh noes! Trees could be dying. Quick! To them. For the saving. Here's a SF Gate article on tons and tons more trees, you need to start sitting in immediately. Olive, Dumpster Muffin, Ayr, I implore you. Save our trees. Our OTHER trees.
And look you only have like 100 years to do this, so you better move now. Just look at this purported future map of oak trees:
via imgs.sfgate.com
Ok, now you are going to need to fan out. D. Muffin, you can move to the trees in Oregon. Squirtie, you can head over to trees in San Diego. The rest of you also pick places far away and move there.
Because, look, if this is how the plaintiffs are going to play the Writ of Mandate business, it could end poorly for you here. Why not get a jump on your next project? Far, far away from here. That link is the SF Gate article on the Order submitted by the plaintiffs to the Court yesterday. I just checked the Alameda County Court website and it is not scanned in. But here are some excerpts from the article:
"We feel pretty confident that a proper evaluation of the stadium would foreclose on this project, because we think the value of Memorial Stadium is at or near zero," said Stephan Volker, an attorney for the tree advocates.
Outside court, university officials have said the landmark 1923 bowl is worth about $593 million, although the plaintiffs say the structure, which sits astride the Hayward Fault, is worthless because of its dilapidated condition. According to state law, retrofit costs cannot exceed half the value of the building if it sits on a fault.
I know Volkie has a lot of bluster, but I really, really, really, really, really, REALLY hope that the plaintiffs actually submitted documents with a Memorial Stadium value of zero. If there is a God! Here's a timeline going forward:
The university will submit a proposed judgment in its favor Friday. The judge will review both and is expected to rule in the next few weeks. After that, the parties have 60 days to file an appeal.
There's a 2 billion percent chance, the plaintiffs will wait until the 59th day to file their appeal. Ugh. More delays. Also, further clarification on whether our beloved UC Cal would help the tree-sitters:
In other news Tuesday, university officials sent a letter to the Berkeley city manager suggesting the university would provide supplies to the nine tree-sitters perched in the contested oak grove.
"In the event (the tree-sitters) do not come down, we will take appropriate measures to maintain their health and safety. We will not, however, allow re-supply from outside groups," Vice Chancellor Nathan Brostrom and campus Police Chief Victoria Harrison wrote to City Manager Phil Kamlarz.
This doesn't tell us nothing groundbreaking, really. We all sorta knew that it would end this way, anyway. But it does provide some much needed clarification. I would like to see the text of the submitted documents, though. Hopefully, they will be scanned in, soon.
And, finally, because I'm going to whore out my friend's blog here. Because I'm a giant whore. It is about LA bars. Wow, I feel so dirty. But hey, whoring out other blogs is what us bloggers do best! And it's not like I can whore out my friends. That's what my wife and children are for! I like!
DUMP AWAY!
The opinions expressed in a FanPost are, in every way, reflective of the opinions of every California Golden Blogs Marshawnthusiast. Moreover, they are reflective of every employee of SBNation, including Tyler "Blez" Bleszinski.
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Looks like Ryan Anderson got the first-round committment he was looking for.
ESPN’s latest Mock Draft has Anderson going to the Spurs with the 26th pick. Good for him!
So, basically, you gotta Go Bears!
by ragnarok on
Jun 25, 2008 10:28 AM PDT
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Bowl Projections
ESPN’s Schlabach has Cal in the Emerald Bowl vs. Boston College. For what it’s worth.
So, basically, you gotta Go Bears!
by ragnarok on
Jun 25, 2008 10:36 AM PDT
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The proposed judgment is available now. Basically it says that the petitioners were right all along so the university has to withdrawal the EIR and everything…until such time as it has verified the valuation issues and scrapped plans for extra events.
Oh and also that petitioners are awarded the costs of the suit because man, that son of a bee was expensive.
Overall, I feel that this is a thoroughly mediocre effort. They seem to have settled for merely going through the motions. Where’s the passion? The grit? The aplomb???
Grade: C.
by joffle on
Jun 25, 2008 12:25 PM PDT
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Probate doesn’t have this process, so you must all excuse my ignorance. But it seems to me that this seems like negotiations between the plaintiffs and the defendants. The plaintiffs start off with their offer re: the judgment. Then, the defendants response with their offer.
Now, is the judge going to mix and match or just choose the best one? Either way, if I understand this situation correctly, this is not the smartest way to go about things. The plaintiffs have very little leverage to speak of and are trying to force their best case scenario upon our beloved UC Cal. It seems like almost a giant slap in the face to the Judge.
I mean I understand why. They have nothing to lose, really.
But if I understand this correctly, doesn’t this extreme proposed Order make it more likely that the Judge would go with Cal’s (as long as it isn’t equally as extreme)?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 1:32 PM PDT
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Twist you're right
The Proposed Order is extreme in that it goes for “all or all.” There is no recognition in the proposed order of the fact that Plaintiffs lost on almost every issue. Instead, the proposed order is based on Plaintiffs’ science fiction fantasy that it won on every issue. It asks for the Court to order: (1) Rescission of approval of the SAHPC, (2) setting aside of the EIR and related docs; and (3) suspend reapproval of the SAHPC unless UC determines the value of CMS and the 3 identified improvements (grade beam, staircases, floor slabs) and complies with the value/alteration requirements of the AP. What is interesting is that Petitioners proposed order says nothing about a continued injunction, perhaps indicating they think they would lose on this.
Unless I am totally wrong (and I am sometimes totally wrong), the Judge’s decision did not call for the wholesale scrapping of the SAHPC, the stadium projects or any of the other Integrated Projects.
So long as UC makes a reasonable proposed order, the Judge should adopt what UC proposes. If I were the UC attorneys I would definitely include language permitting immediate groundbreaking on the SAHPC and language that work on the CMS cannot begin until valuation has occurred. I would also make clear the prelim injuction is now dissolved.
But to answer your question, the Judge can “mix and match” and most of the time they do this if only for the sake of not seeming biased to one side. However, when one side is crazy on their proposed order, the Judge will get pissed and adopt the other side’s proposed order (as long as it’s not crazy), but it will use the Judge’s own words. So it’s not really a negotiation as much as trying to truly reflect what the Judge ordered and I think in this case, Plaintiffs fail miserably. If I wasn’t lazy I would post one of those funny ass FAIL photos, so maybe someone else can do it.
by oaktownmario on
Jun 25, 2008 2:21 PM PDT
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“Twist, you’re right.” You need to talk to my wife, more often. Teach her a few things.
A photo like this:

I’m trying to figure out a good analogy for the Plaintiffs proposed order. The best I could think of so far is “Doubling down on a pair of twos, that are showing.” Halp!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 2:36 PM PDT
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analogy
how about, ‘betting on every square in roulette, then pushing your entire stack on the number that won’?
So, basically, you gotta Go Bears!
by ragnarok on
Jun 25, 2008 2:39 PM PDT
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It’d be like Stallone being all “Stop Or My Mom Will Shoot!”
We all knew his mom wasn’t going to shoot.

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 2:43 PM PDT
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another question for the lawyers around here...
is it common to request legal fees after winning a partial judgment like this? could UC request legal fees covering all the bullshit charges that the judge shot down which wasted everyone’s time and money?
if one of these decisions is overturned on appeal, could the party that was restored then retroactively request any legal fees they were forced to pay originally?
So, basically, you gotta Go Bears!
by ragnarok on
Jun 25, 2008 2:43 PM PDT
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Fuck if I know. My fees generally come out of the Estate.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 2:47 PM PDT
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I figured
Your fees came out of the deposits the evicted tenants didn’t bother collecting.
I'm still wondering why the Nets didn't draft Leon Powe.
by yellow fever on
Jun 25, 2008 7:03 PM PDT
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It's very common to request fees
and both sides can do it, and UC could do it in this case (but I doubt they will). In this type of case the Judge would probably not award fees to either side, but like everything, it really is up to the judge. In employment law cases (with which I am more familiar) as long as Plaintiffs prevail on some cause of action, they would be entitled to reasonable attorneys fees. Sometimes there is actually a “mini-trial” on what are “reasonable” fees and Plaintiffs lawyers talk about how hard the case was, how much risk was involved, how smart and qualified they are, blah blah blah, and Defense attorneys do the opposite (this case was simple, any bonehead lawyer can do this, this guy’s time ain’t worth a shit).
Fees on appeal are usually more clear cut, with prevailing party getting their fees, but it really depends on the type of case. For example prisoners who file habeas corpus petitions to be released from prison and lose are not going to have to pay any losing fees . . .
by oaktownmario on
Jun 25, 2008 3:12 PM PDT
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Berkeley Daily Planet article on meeting last night in City Council.
Due to a technicality, they didn’t vote on anything. Some excerpts:
"UC won nothing in the courts—they have no right to build anything " student Matthew Taylor told the council, asking the council to have the barricades removed from the city’s streets. (Although the judge ruled last week in the lawsuit that pits the university against the city, a neighborhood organization and the Oaks Foundation over the question of building the training facility, both sides see the outcome differently and are still in court debating their interpretations of what the judge said.)
The most notable event at the Tuesday night/Wednesday morning City Council meeting was what did not happen: the council scheduled the issue of the health and safety of the tree sitters as an emergency item, then refused to extend the meeting late enough to discuss and vote on the matter.
With two councilmembers absent and five votes required, just four councilmembers supported the time extension—Spring, Worthington and councilmembers Darryl Moore and Max Anderson. As the clock struck 12:30 a.m., the meeting ended abruptly.That caused yelling and general pandemonium among the 15 or so tree-sit supporters who remaining in the Council Chambers.
After a limited number of speakers from the audience—including a woman who calls herself "BP Bear" and who delivered a cardboard "backbone" to Mayor Tom Bates to encourage him and the council to stand up to the university—Councilmember Kriss Worthington took a call from a tree-sitter in the grove and told the council: "Based on the testimony I heard on the telephone from the tree sitters, they have indicated that it is truly an emergency situation. They said their lives are in danger."
Matthew Taylor, the legal scholar from above, is seen in this photo from ProtestShooter.com:

I recognize him as one of the hippies from the “Special Activism Training.” He was the only one who didn’t think it was a good idea to wear masks, because people would think they are terrorists. Aren’t they eco-terrorists? Also, his plan to stop the police was to yell at them and then lower the volume of his voice. This would ostensibly calm the police down. The police seem plenty calm to me, already.
A good guy, him.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 1:45 PM PDT
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I thought TwistNHook was pretty nerdy...
But this guy takes the cake.
by HydroTech on
Jun 25, 2008 2:31 PM PDT
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ive never seen twist but judging from his writing style id say he could at least be competitive in an arm wrestling battle with Free Trees.
by Itchy25 on
Jun 25, 2008 5:16 PM PDT
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I’m actually 4 tall and I weight 35 pounds.
So, jokes on you, Itchy!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 5:24 PM PDT
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that means you have little stubby arms- perfect for arm wrestling!
by Itchy25 on
Jun 25, 2008 5:32 PM PDT
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although it may have been former kidrock bandmate and little person Joe C that said...
’’im 3’9 with a 10 foot dick” so if thats possible then i guess you could be 4 ft tall with reaaaaaallly long arms.
by Itchy25 on
Jun 25, 2008 5:34 PM PDT
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He’s a really interesting guy – he was one of the organizers of the “Fresh” tree-sit on campus as well. He’s writing a book about all this – that’s basically his goal in all of this since he’s just starting out as a professional activist and needs to make a name for himself.
by protestshooter on
Jun 25, 2008 7:57 PM PDT
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Professional activist? You must tell me more about that. Can you hire them to work children’s birthday parties?
“Ok, so, I’m gonna need you to do bubbles, balloon animals, and sit in that tree for 18 months.”
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 26, 2008 7:59 AM PDT
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This is also the guy who was arrested on Sunday and carried off.
Guess he got out quick.
by thenick on
Jun 26, 2008 11:16 AM PDT
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Marshawn will plead to a traffic violation.
Clark also refused to discuss which charge Lynch would plead guilty to, but the section on exercising due care seems to fit the facts of the case.Section 1146 of the state’s Vehicle and Traffic Law says, in part, "every driver of a vehicle shall exercise due care to avoid colliding with any bicyclist, pedestrian or domestic animal upon any roadway."
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
by TwistNHook on
Jun 25, 2008 2:02 PM PDT
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so, when driving in new york, i'm free to run over as many wild animals as i feel like?
not that i want to. i just like to know where the line is.
So, basically, you gotta Go Bears!
by ragnarok on
Jun 25, 2008 2:37 PM PDT
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