Thursday, July 22, 2010

Motion to Amend Complaint is Filed

My attorney and I met this morning to finish up the Amended Complaint (or Pleading) and it has now been filed with the Superior Court in Stockton. The other documents, Points and Authorities in Support and Notice of Motion to Amend, etc., were included in the court filing. A hearing on the motion is scheduled for September 1st.

A proposal to stipulate (agree and end this litigation) accompanied the required service of these filings on the Defendants.

The initial complaint, filed fourteen months ago, has been amended or "tightened up" to focus on the longstanding illegality of operating TLC Catering and Commissary at 810 and 812 Fishback Street, Manteca, CA 95337, and the incessant noise nuisance the operation produced 24/7 for many years, but especially the last three and one-half years. The Amended Complaint has two attachments: 1) the June 1993 letter from the City of Manteca granting legal nonconforming status to the illegal business use, and 2) the June 2010 affidavit from Ben Cantu recanting his 1993 determination, based on good, solid research refuting the Defendants' deceit and misrepresentations (legalese for lies.)

The prayer is for a declaration on the matter of law (the use was never grandfathered) and two injunctions, one regarding the business operations and assets (cessation and removal from property) and another for the bad faith retaliation of the outdoor radio (removal.)

I already have my bets placed on the expected response from the Defendants, Mellow Yellow and Ravaged Red. Here's how I see their entire defense going:
"But, Yer 'Oner, lookit alla For Sale signs we have on eve'thin'! We's so poor it's hard ta get BBQ and sodas onna table ever' night. (Never mind that house remodel thing...) 'Sides, lookit, we tore down the mobile home, what musta been legal 'cause it was on the place when we bought it... uh, when it was cuntry. Ya know, we's from the Bay Area and we gave good service in Tracy for 25 years. Ever'body says so. We all'ays had Health permits... musta just 'overlooked' licensing the business thing for 23 years. {shrug} Just sayin'... Oh, an' anuther thing - the icemaker - it DOESN'T run all night! It had some kinda timer on it, or sumpthin'. Fact is, we turned it off last January or February... tried to sell it, too, but it wouldn't run. Go, Raiders! Sorry, jus' gettin' wound up... {Lynda abruptly wanders away from the witness box as she trails off the last sentence.}"

See? They ain't got nuthin' else, 'ceptn' s.o.s.* from city council meetin'.

- - - - - - -
* same old s**t

1 comment:

The Manteca Response said...

Don't let dem tatter's go to pot, uh, well uh, speak'n of pot, wez want a legal licenz to manufakugrow ourz own weeeeed, yer onner! Kuz I'z had, have, must have a problem medically of course, yer onner! Oh, what wuz I try'n to say again? Hmmmm? Oh, uh...Hmmmm???? Fer get'it.