Wednesday, March 3, 2010

Signs of Spring, or, Pushing up Daisies

Recent events:

Ice machine servicing and discontinuance of use

Since mid-January, the icemaker has not emitted a peep (unlike its owners.) The machine was opened up for servicing or repair and remains disassembled to this day. A little oddity appeared on the machine's electronic controller unit - the date 02-03-10 - stenciled in what looks like gold metallic fingernail polish.

One possibility is that the machine has been rehabilitated for use in 2010.

> > >  Or, is it being made ready for sale?  < < <

This could be the first acknowledgment that this nonconforming nonresidential use does not belong on the property.

Substitution of Attorney

My attorney informed me that Defendants Allen and Brassey filed a Substitution of Attorney with the court on February 9, 2010. That generally signals a change in direction on the case.

My interpretation is that it moves the Defendants off their stubbornly non-responsive position, ie., any change is good.

Catering takes a powder

February 15th was a banner day. That was the first day, two and one-half weeks ago, that the catering truck no longer leave the property for the Defendants' normal retail sales route (which route the Defendants refused to divulge in discovery.) This is the second acknowledgment that this nonconforming nonresidential use does not belong on the property.

MFPU For Sale

Circle Tuesday, March 2, 2010 on the calendar for a true sign of Spring! After two weeks of chain-smoking, ass-sitting, continuous-radio-music-accompanied inactivity by the Defendants, a For Sale sign appeared in the windshield of the one operational Mobile Food Preparation Unit (MFPU).

Please forgive me for being skeptical or cycnical, but the other MFPU (on the right) was decommissioned in 2006 and used to have a For Sale sign in its window. Of course, the sign was sun-faded to illegibility, slumped down on the dashboard to obscurity, and so far from the road and behind a fence that a telescope was needed to read the illegible and obscured sign. Mere window dressing! Two years ago, Manteca Code Enforcement officers parroted the Defendants' claim the MFPU was on their property only while being held for sale (you know, blow off those stupid inspectors.)


Taken together, this progression of signs seems to indicate that TLC Catering will soon be pushing up daisies. Theories abound as to the Defendants avoiding money judgments by engaging in legal or illegal maneuvers involving sympathic juries, bankruptcies, property transfers, or whatever. By now these scofflaws should understand that their relentless violations of law and decency have solidified my relentless pursuit of remedy. As they will see soon, my view of equitable resolution is not compromise, but compliance - full and total compliance with law and decency.

Given their track record, though, who knows if they are capable?...

I have often been accused of trying "to put them [my neighbors] out of business," but that is not true. My very first correspondence with the City of Manteca indicated my intentions to get them to MOVE their business operations elsewhere. If they close down their business, that choice is entirely their own.

However, I will admit the following sentiments:

"I have never killed a man, but I have read many obituaries with great pleasure." Clarence Darrow

"I didn't attend the funeral, but I sent a nice letter saying I approved of it." Mark Twain

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