Attorney-at-Law

“STONE WALLS DO NOT A PRISON MAKE”

In Uncategorized on 06/15/2016 at 14:48

We’ve heard this Richard Lovelace classic before. See my blogpost “The Jolly Rounder,” 3/16/15. And now we hear it again from one now or formerly similarly situated, in Foundation for Harmony and Happiness, Inc., 17664-15X, filed 6/15/16.

We could all use a lot more harmony and happiness, even as I suggested to then-Ch J Michael B (“Iron Mike”) Thornton, as he wound down his Chieftainship. See my blogpost “Short!” 4/1/16.

Well, the Harmony & Happiness guy got tossed for lack of jurisdiction, and petitioned for vacation or reconsideration, as more particularly bounded and described in my last-mentioned blogpost.

Now the New Sheriff, Ch J L. Paige (“Iron Fist”) Marvel is heir-at-law to this one, and the Harmony & Happiness guy gets no joy from her.

“A motion to reconsider or to vacate typically is not granted in the absence of substantial error or unusual circumstances, such as mistake, inadvertence, surprise, excusable neglect, newly discovered evidence, or fraud. In petitioner’s motion, petitioner alleges no substantial error or unusual circumstances. Rather, petitioner asserts that the dismissal of this case was unfair because he was incarcerated when respondent filed the motion to dismiss for lack of jurisdiction. Petitioner further contends that this Court should either: (1) ‘make a decision to take jurisdiction by noticing that the corporation was in good standing for the subject years 1999 to 2002’, or (2) ‘allow the necessary time to fix the matter with the California Secretary of State’.” Order, at p. 1. (Citations omitted).

Well, Harmony & Happiness guy, whether or not your outfit was in good standing during the years at issue is nothing to the point. Your outfit has to be in good standing on the day you petition. In short, that was then and this is now. And tomorrow won’t help you.

Of course this is a CA case, and we get poor ol’ David Dung Le, M.D. dragged back in again. If Doc Dave could get royalties every time this case was cited, he’d have paid his back taxes ten times over. In any case, he must be second only to Neonatology Associates on the all-time medical list.

Ch J L. Paige Iron Fist doesn’t discuss the Harmony & Happiness guy’s absence from civil life, but one can conjecture he could have filed even from prison. Like the poetical Lovelace.

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