Thursday, October 22, 2009

A Brief Diagnostic (But Wishing It Was An Autopsy)

Hmmm, the ice machine out of commission for nine days? It must have been something serious.

1. Sometime in the spring of 2007, the machine ran 24/7 for some unknown reason. I was assured of a "fix" to alleviate that. (Hah! That was the beginning of my education - never to believe anything they say.)

2. Then in April 2008 the lies about a timer to limit machine operation started up: neighbors to code enforcement; ice machine repairman to code enforcement; neighbors to city council; and, still lying, neighbors to defense attorney. I do not believe the claimed timer exists.

3. I returned from a vacation in June 2008 to a week of silence. The silence was blissful. Unfortunately, the unknown (to me) system failure was repaired on Saturday, June 28th.

4. In July '09, a power supply problem caused a short and popped a circuit breaker. Fortunately, the legally constructed building the machine is located next to didn't burn down. (Unfortunately, the machine and the illegal clap-trap shed housing the machine also didn't burn down.) A power cord was replaced and food in a refrigerator on the blown circuit was thrown out. I'm guessing a new, separate circuit was installed for the ice machine - something not done at the beginning - which is explicitly required in the Scotsman service manual and in the National Electric Code that Manteca follows. The initial installer did not pull a Manteca electrical permit and performed a noncompliant job (real-speak meaning: substandard and shoddy), which imperiled everyone close to the machine.

Additionally, the service manual calls for an indoor installation, so why was it installed outdoors? Likely because of the tightwad, scofflaw owners and the same substandard and/or unlicensed contractor. (Perhaps AAA Emergency Refrigeration, the current servicer?)

I requested the icemaker installation information in discovery for the noise nuisance lawsuit (Demand for Production, set #1, item #27), but opposing counsel was unresponsive, citing what is supposed to be a precedent (that's another story.)

Here is the Plaintiff's Demand...

27. Copy of the records for purchase and installation of Scotsman ice machine.

... and the Defendants' Answer.


Objection is made to this request on the grounds that it seeks information that invades defendants' right of privacy and is not relevant to any issue in this case or calculated to lead to discovery of admissible evidence. [Britt v. Superior Court (1978) 20Cal.3d.844; Article I, Section I, California Constitution.] Further objection is made to this request on the grounds that it is meant to harass defendants; therefore it is burdensome, oppressive and not relevant to any issue in this case.

The esteemed Mr. McFadden merely copied and pasted this answer to virtually every document demanded. I wonder how much he charged Farmer's Homeowner's policyholders for that brilliant legal defense? (Did you ever see the movie, Rainmaker, where the defendant insurance company denied every policyholder's first claim submission as a matter of corporate procedural policy?) He did, however, provide the Certified Reconstruction of the Homeowner's Insurance Policy (Demand for Production, set #1, item #10), which excludes coverage of business uses and certain other things. (So it does cover any illegal business uses?) I still haven't figured out what Farmer's Group Insurance planet this lawyer is from.

If there is anything in this universe that is relevant to the trial of a noise nuisance - with a key element being an improperly sited, indoor-rated Scotsman commercial icemaker operating outdoors, with the unpermitted and uninspected electrical, plumbing, and carpentry installation work performed by incompetent workers - {...inhale...} most certainly the items with the highest-order relevance would be the records of purchase and installation of the offending machine. (Duh.)

5. What caused the latest, nine-day outage?

Who knows? Who cares? Certainly not me. As far as I'm concerned, the more outages the better. The machine is probably older than Lynda. A permanent outage would be best...

{waving raised hand wildly} Please, sir,... please,... let me do the autopsy! Pass me the cutting torch!

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