Icemaker Finally Removed by the Resident Gnomes!... Take It All!

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FRIDAY, SEPTEMBER 24, 2010

If this simple action had been taken in March 2008, as I requested,

the Barefoot Dirty Girls could still be running their roach coaches from their property -

and NO ONE would know about their dirty little secret -

their GRANDFATHER OF ALL LIES!

They brought all of this on themselves.

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First, here are two pictures showing how the business yard looked last July.

(Yes, that is young marijuana under the solar panels.)

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Here is how the business yard looks today, October 7th.

(The marijuana is drying in the large tent in the middle of their yard.)

(The Scotsman icemaker unit and the Follett ice storage bin are in the background.)

• The BDGs still have to remove the illegal shanty shed and concrete pad, in the foreground, built right up to the property fence.
• The BDGs still have to remove the Bally walk-in freezer, left foreground, and its illegal concrete pad.
• The BDGs still have to replace the property line fence destroyed by the runoff from the shanty shed. (Some fencing materials were acquired yesterday, October 6th.)
• The BDGs still have to remove all the commercial vehicles from the property. (Those FOR SALE signs in the windows are a joke, right?)
• The BDGs still have to remove the former refrigerated trailer/container in the back corner. (Pretending it's a P.O.D.S. I believe that stands for Piece-Of-Dog-Shit on BDG property.)
• The BDGs still have to remove the yard radio, mounted with malicious deliberation between the outbuilding and the house.
• The BDGs still have to remove all small animals, except three or less dogs, from the property. (That includes removing the cats and chickens...)
• The BDGs still have to secure their misdemeanor marijuana operation inside a solid wall building.
• (_______TBD_______)
• (_______TBD_______)
• (_______TBD_______)

(I'm waiting for the promised day when the Three Beaches, Yellow, Red and Green, fold up their tent - literally and figuratively - and sneak away to Oregon... or into oblivion... Take it all!)

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An Icemaker, the Bible, NsFH, and The Art of War

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"One who knows the enemy and knows himself will not be endangered in a hundred engagements."

. . .

"Subjugating the enemy's army without fighting is the true pinnacle of excellence. Thus the highest realization of warfare is to attack the enemy's plans; next is to attack their alliances; next to attack their army; and the lowest is to attack their fortified cities. This tactic of attacking fortified cicties is adopted only when unavoidable."

(The Art of War, by Sun-tzu, Part 3, Planning Offensives; new translation by Ralph D. Sawyer, Fall River Press, 1994)

. . .

(September 22, 2010)

My first approach to the Barefoot Dirty Girls in early 2008 was almost a suicide mission, as I was blinded-sided by their strategic misinformation ("grandfathered" lie), tactical orders (Cantu letter), and physical barricades (fences, dogs, lights, illegal structures, etc.) In asking nicely for moving the icemaker, or moderating its hours of operation, I was merely trying to follow the scriptural directive found in the Bible for conflict resolution.

Matthew 18: 21-22 Then came Peter to him, and said, Lord, how oft shall my brother sin against me, and I forgive him? till seven times? Jesus saith unto him, I say not unto thee, Until seven times: but, Until seventy times seven.

Forgiving seventy times seven sleepless nights finally exceeded my patience.

Matthew 18:15: Moreover if thy brother shall trespass against thee, go and tell him his fault between thee and him alone: if he shall hear thee, thou hast gained thy brother.

I tried that and Lynda S Allen flat-out refused to accommodate. Looking back in the light of the quote from The Art of War, my requests were viewed by the BDGs as an attack on their fortified compound and, in my unprepared state, I was easily repulsed and very nearly extinguished on this initial engagement. In their view, the biblical soft approach (also known as diplomacy*, as described in the NsFH book, Neighbors From Hell) was a sign of indecisive weakness.

At the time and looking back in the light of Matthew 18:15, my duty to my neighbors was fulfilled and their responses - and the attendant consequences - were now entirely on their account, not mine.

And, if Lynda hears thee not? Am I S.O.L. and must leave vengeance to God? Hardly! I sued for relief before the city council - and was summarily denied.

I then sued her ass in Superior Court! Only then did Lynda come over and offer to "move the icemaker."

My response: Sorry... you're waaaay too late, sistah. You and the City of Manteca put me through hell and forced me to do the research. I've now got the proof of your "legally grandfathered" LIE. You had your chance. Merely moving the icemaker is no longer a sufficient action. The required action now consists of entirely removing the illegal business operation from the property, either through relocation or business closure. See you in court.

Thereafter, my campaign became more careful and considered. I now attacked Lynda's "armies," her "alliances," and especially her "plans." While moving the lawsuit forward through discovery, her illegal business operation was scrutinized and the grandfather claim exposed as fraud by affidavit. Her documentation of legality - nonexistent. Her juvenile retaliation against the lawsuit with the yard radio nuisance was documented and charged as criminal. Her entrenched pattern of city ordinance lawbreaking, spanning decades, surfaced in regards to the illegal mobile home, a travel trailer, unpermitted construction, abandoned vehicles, excess animals, exemption from city refuse pickup program, yard sales, and even daily lawn watering within an alternate day schedule.

Her ties to some of her "allies" at city hall - Willie Weatherford, Rex Osborn, and Mary Bingham - were observed and noted.

Her plans to continue business from her property were publicized, harried and interrupted as much as possible. Those actions, combined with a faltering economy and her own public announcement of failing health, impelled her to close down the business rather than relocate it.

(September 25, 2010; icemaker removed September 24, 2010)

The picture shows the footprint of the removed roof-mounted Scotsman condenser unit. Since the plywood door to the illegally expanded shed has been nailed shut, and the siding used as a shed wall now swings as the door, I surmise that the Scotsman compressor unit and the Follett ice storage bin have been removed from the illegal shed.

Next, the shed comes down.

From my own as-yet-unpublished legal writings:

The effects of this illegal use, abetted by the determination letter-in-error, have snowballed through the years. This section recounts certain violations of state law and municipal code that occurred after Defendants took possession of the subject property. A summary judgment, finding for the Plaintiff, would affect these items. These documents are dated after November 10, 1987 and are presented to properly illuminate the absurdly wide scope of the resulting nuisance caused by the Defendants’ false claim of being legally grandfathered on the property. They have built an entire house of cards on a fabricated foundation.

Caught in her own spiraling down-the-drain suction, Lynda's selfish and singularly myopic interests caused her to plant an outdoor marijuana garden on her property, which adjoins Sierra High School, without consulting any code requirements. Again, no compliance - never is. Now there is another misdemeanor charge against her.

It has been awesome watching - and often hearing - Lynda's shrill, self-righteous, self-destruction and her descent back to hell. I'm sure Roger and Flora Stewart and Irvin and Margaret Biggs would approve. I know I do.

Maybe God loves her; I tried and failed.
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* Diplomacy: An initial personal visit with a neighbor may accomplish a couple things. It sorts out the ignorant, who can be educated. It sorts out the oblivious, who can be reminded. Next are the stupid, who deliberately remain ignorantly oblivious. Lastly are the mentally impaired, who suffer from (or, more correctly, cause others to suffer) either sociopathy or psychopathy.

. . . . .

"Thus there are five factors from which victory can be known:

• 
  
  One who knows when he can fight, and when he cannot fight, will be victorious.
• 
  
  One who recognizes how to employ large and small numbers will be victorious.
• 
  
  One whose upper and lower ranks have the same desires will be victorious.
• 
  
  One who, fully prepared, awaits the unprepared will be victorious.
• 
  
  One whose general is capable and not interfered with by the ruler will be victorious.

"These five are the Way (Tao) to know victory."

(The Art of War, ibid.)
. . . . .

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"I'll See You Out In The Shed! ...NOW!"

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This whole fight over noise started with the Scotsman icemaker - and it appears Allen & Brassey are leaving that P.O.S. machine and its shed for the last. The picture was taken to document the expansion of the already-illegal erection. Currently, the BDGs have sealed it up with tarps to conceal their movements and have to use fans for ventilation.

The shanty shed dates back to the illegal business expansion of TLC Catering in 1993-94. After A&B dodged a zoning complaint bullet, they lied their asses off and conned officials into granting them "grandfathered" land use status. Immediately thereafter they ignored the non-expansion instruction and built themselves a commissary on the property to service all their trucks. From my researched report:

"Yet the TLC Life just kept getting better! Emboldened by Manteca's emasculation, three months later Allen & Brassey assumed home occupation (land use) permission from Health Department (food sanitation) permits and made an application payment to EHD to establish and operate a private commissary, naming their property at 810 Fishback Street as the location for inspections.[Z] (The current Manteca code enforcement officer opined that Allen & Brassey were merely attempting to “legalize” what they had been doing “since they moved in.” When did they move in? Sorry, but they still need a land use permit.) The nine months following September 1993, was likely the period when a walk-in freezer and a refrigerated shipping container were hauled onto the property, refrigerators and freezers were plugged in everywhere, lights and floodlights strung up, and an ancient, noisy icemaker was improperly installed. The illegal mobile home, that longstanding error, was swallowed up in the larger commissary operation, pieces of which were scattered all around the property. The following June, the Health Department plan checks were done and in July 1994, EHD issued a Commissary Permit to the owners of TLC Catering. Again assuming nonexistent permissions, Allen & Brassey began taking commercial deliveries to their property, something expressly prohibited for home occupations. They were now set with four catering trucks, a fully equipped private commissary, and commercial vendors whose big trucks delivered supplies and services to their doorstep... they were unstoppable."

A big concrete pad was poured to support the installation of the Bally walk-in freezer, the Scotsman icemaker, and other refrigerators and freezers used in the business. The posts and fiberglass roofing were put up to protect the appliances, as well as all the other crap Allen & Brassey crammed in there.

The following description of the shed was sent to the city and - no surprise - no action was taken.

Tue 12/29/2009 4:08 PM
New Request # 329034
The Problem you submitted was:
Request type: Permits
Description: A noncompliant and unpermitted accessory covered structure was built along the lot’s north property line, in the fourteen-foot space between a permitted outbuilding and the wooden fence on the property line. Recent noncompliant additions have been made to it.

The structure consists of a concrete pad, approximately 43 feet long and 14 feet wide, formed and poured to within 6 inches of the fence posts. A 31-foot run of roofing is supported on the north side by 4 x 4 uprights. Some uprights are set back approximately 24 inches from the fence, others only 6 inches. The other side of the structure is attached to the outbuilding, under 20 feet of eaves. The green corrugated fiberglass roofing material is cut immediately above the wooden fence and pitched to drain its runoff, and the runoff from the outbuilding’s overhanging eaves, right on top of the fence. The runoff has led to serious deterioration of fence posts and boards.

The purpose of the structure is to house various machinery and appliances. This means that the electrical wiring, plumbing and drainage may also be noncompliant. Indeed, a short popped a circuit breaker a few months ago, which led to some rewiring.

Drainage is a big problem. One of the machines under this structure continuously drains directly onto the concrete pad. Because the property’s elevation is several inches higher than the adjoining property, the water flows, first, onto the ground at the fence line, then onto the adjoining property, causing a mosquito-breeding habitat. Added to that water flow is the roof runoff, mentioned above.

The combined factors of a declining elevation gradient, the concrete pad on Manteca’s soft soil, no footings or soil retention devices, runoff drainage problems, the continuous drainage and intense vibration from one of the machines, and heavy use of the structure has caused soil slumping evidenced by a pronounced bow in the fence.

I am seeking extensive rebuilding - or better yet, outright demolition - of this noncompliant and unpermitted structure on my fence line. In addition to the damages listed above (and some not listed), it is an unsightly intrusion.

The response from code enforcement was, loosely paraphrased, "I can't find my own ass because it's too dark around here." (Hey, have someone take a picture of your ass and Twitter it to you! Buncha' prima donna top models...)

It's time again to shine a light on the shed and Manteca's C.E. geniuses.

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BDGs' Attorney Says They'll Mediate... For Real?!

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Shocking breakthrough!

At this morning's case management conference in Stockton Superior Court, Red's and Yellow's attorney said the defendants agreed to a mediation session. We'll see if his word is any better now than it was last August 13th. (And, no, he still hasn't delivered on that month-old item.)

Of course, this extremely late and decidedly reluctant baby step does not stop my other court filings and preparations for the [highly likely] event that Yellow has to scratch her {xxxxx} - or make up some other lame, last minute excuse for noncooperation.

Do I hear echoes? I recall June 2009, after she admitted one week that the icemaker was noisy and she was going to move it, the next week Lynda sayin',

I'm not moving it. I tried working with you. . . (classic Lynda communication style, letting her sentences trail off as she walks away.)

Uh-huh. Sure you did...

...NOT!

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Regarding the illustration, I'm not sure these cute little outfits are large enough to prevent interior latex paint spills from adding some zest to the Barefoot Dirty Girls' already eclectic mix-and-match wardrobes. On the other hand, football jersey shirts are ephemeral anyway.
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Flea Market Under the Big Top

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Step right up! Step right up!

Have we got some great deals for you!

We, the apple-colored Barefoot Dirty Girls,

Red, Yellow and Green, are selling ourselves it all!

Come on down to 810 Fishback Street in Manteca, California!
Close out! We're selling it down to the bare lot!
(Gettin' the hell out of Manteca and movin' to Oregon!)

Just look for the For Sale signs on [almost] everything!

We've got vehicles galore!
Registered, unregistered,  shouldn't-be-legal, and inoperative!

Last-leg commercial equipment! Bally walk-in freezer (must take concrete pad too),
porch chest freezer, Kenmore upright freezer, Admiral refrigerator, Scotsman icemaker!

Tic-tac; Brick-a-brack; Give six dogs a bone!

Fixtures; Truck-sized cookware; Yard radio!

Junk items, all sorts; Really shitty stuff; Flotsam and Jetsam!

Experienced junk yard dogs; [Experienced?!] house dogs!

Klepto'd Amassed over years, sheltered forever!

We pass the stealings savings on to you!

Hurry, before it's all scrapped gone!

_ _ _ _ _ _ _

(* Will trade for marijuana growing and processing apparatus *)

(Tokin' Takin' that to Oregon, too!)
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There's A Reason It's Called "Dope"

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This saga just keeps getting better and better! In the post, Shooting Yourself in the Foot, I asked what would happen if the BDGs shot themselves in the other foot? Already, here is their answer!

On June 12, 2010, I discovered this unusual “weed” growing in my yard, over near the portion of the fence which had recently been reconstructed by the neighbors. I had never seen this kind of plant on my property before and had no clue how it might have gotten there. I photographed it, pulled it up, and destroyed it. My friend came over to identify the plant and witness its destruction.

For comparison purposes, here is an internet picture of a young marijuana plant.

On July 8, 2010, I looked over the fence and saw this plant (below) in my neighbors’ yard. The leaf structure is identical to the plant I photographed in my yard on June 12th. (Now I know the source!) My friend again returned to verify this new discovery.

Another view from a different vantage point on July 8, 2010, showed a large number of these same plants being cultivated in the neighbors’ flower planter.

All three photographs were printed on 8x10 glossy paper and, at 2:00 p.m., my friend and I personally delivered them to the Manteca Police Department for investigation.

Perhaps I ought to call Channel 3 and offer them a follow up story to their noisy icemaker story – something along the lines of shutting down the illegal catering business and now the neighbors' illegal marijuana grow.

I did not bet against Lynda having a medical marijuana recommendation for her claimed “injuries.” But we are also positive that the "injured" one will follow the pot-growing laws METICULOUSLY - especially since she shares a fence with Sierra High School! Also, caregivers are not to partake and prescriptions are not transferrable, so sharing a toke with domestic partners or hired boy-toys is a definite no-no.

The Manteca Police Department called July 9, 2010 to say Lynda was given a copy of Manteca Municipal Code 8.35 Cultivation and Possession of Medical Marijuana and given a couple weeks to comply. (I wonder if I could get the MPD to deliver Lynda a copy of MMC 9.52 Residential Noise since she cannot seem to get her illegal radio playing under control? Oh, wait... she's a pothead now, so I have to be compaaassionate!) I'm sure she tried to claim her plants were grandfathered from when she was in the county (which she never was), but... cultivated marijuana is an annual, for you gardeners out there.

(WARNING to all the girls and boys thinking to jump the fence: There are vicious junkyard dogs roaming the property. But, to hell with the dogs - the owners are worse!)

The Manteca ordinance refers to a couple sections of California's Health and Safety Code, below.
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California Health and Safety Code 11362.5 (The Lawful Loophole)

11362.5. (a) This section shall be known and may be cited as the Compassionate Use Act of 1996.

(b) (1) The people of the State of California hereby find and declare that the purposes of the Compassionate Use Act of 1996 are as follows:
   (A) To ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which marijuana provides relief. [Unfortunately, dope doesn't relieve Lynda's problems, it make them worse.]
   (B) To ensure that patients and their primary caregivers who obtain and use marijuana for medical purposes upon the recommendation of a physician are not subject to criminal prosecution or sanction.
   (C) To encourage the federal and state governments to implement a plan to provide for the safe and affordable distribution of marijuana to all patients in medical need of marijuana.
(2) Nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes.
(c) Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.
(d) Section 11357, relating to the possession of marijuana, and Section 11358, relating to the cultivation of marijuana, shall not apply to a patient, or to a patient's primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.
(e) For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health, or safety of that person.
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California Health and Safety Code 11362.77 (Allowable Limits)

11362.77. (a) A qualified patient or primary caregiver may possess no more than eight ounces of dried marijuana per qualified patient. In addition, a qualified patient or primary caregiver may also maintain no more than six mature or 12 immature marijuana plants per qualified patient.

(b) If a qualified patient or primary caregiver has a doctor's recommendation that this quantity does not meet the qualified patient's medical needs, the qualified patient or primary caregiver may possess an amount of marijuana consistent with the patient's needs.

(c) Counties and cities may retain or enact medical marijuana guidelines allowing qualified patients or primary caregivers to exceed the state limits set forth in subdivision (a).

(d) Only the dried mature processed flowers of female cannabis plant or the plant conversion shall be considered when determining allowable quantities of marijuana under this section.


(e) The Attorney General may recommend modifications to the possession or cultivation limits set forth in this section. These recommendations, if any, shall be made to the Legislature no later than December 1, 2005, and may be made only after public comment and consultation with interested organizations, including, but not limited to, patients, health care professionals, researchers, law enforcement, and local governments. Any recommended modification shall be consistent with the intent of this article and shall be based on currently available scientific research.

(f) A qualified patient or a person holding a valid identification card, or the designated primary caregiver of that qualified patient or person, may possess amounts of marijuana consistent with this article.
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I suggest getting a good reference manual in order to squeeze as much cannabis as possible from only six mature plants. This one looked good. (And we all know how much diligence Lynda puts into reading rule books and following the rules.)

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And as she reaches out her hand for another stick of gold
The Kid, he gasps, "Damn it, bitch! There's nothin' left to roll!"

"NOTHIN' LEFT TO ROLL?!" screams Pearl. "IS THIS SOME TWISTED JOKE?"
"I DIDN'T COME HERE TO FUCK AROUND, MAN, I COME HERE TO SMOKE!"

And she reaches 'cross the table and grabs his bony sleeves
And crumbles his body between her hands, like dried and brittle leaves

Flicking out his teeth and bones like useless stems and seeds

And then she rolls him in a Zig-zag, and lights him like a roach
And the fastest man, with the fastest hands, goes up in a puff of smoke.

(From The Smokeoff, by Shel Silverstein)
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A Question of Color

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A catechism (pronounced /ˈkætəkɪzəm/; Ancient Greek: κατηχισμός from kata = "down" + echein = "to sound", literally "to sound down" (into the ears), i.e. to indoctrinate) is a summary or exposition of doctrine. The form has, historically and typically, followed a dialogue or question-and-answer format. This format calls upon two parties to participate, a master and a student (traditionally termed a "scholar"), a parent and a child, or, as in the example below, a secular catechism between a dominant and submissive.

The following catechism took place yesterday morning at 07:15 hours, while everything was still and peaceful.

Lynda Allen: Kinda quiet out here, i'n't it? (The radio's not on yet? What'n hell ya been doin'?)
Theresa Brassey: Sure is. (Go ahead - turn it on yerself!)
Lynda Allen: They turned it on to soccer. (The foreign language speaking workers were listening to World Cup FIFA fútbol the day before.)
Theresa Brassey: {mutter...} I don't know. (Whatever...)

From the exchange's manifold purposes, these three are clearly drawn:

1. Daily affirmation of Lynda's dominance.
2. Daily submission of Theresa to Lynda.
3. Daily announcement to their hated neighbor that he is about to be forced to think of Lynda when she turns on her outdoor radio... and if he don't like it, he can go f*** himself.

And, of course, she turned the radio on moments later.

- - - - - - - - - - - - - - - - - -

I am able to detect color in Brassey (the red of apoplexy, or the heatstroke of cooking chorizo and eggs over a catering truck stove for twenty-odd years) and in Greene (gray, with a little pink). But Allen...?

Hate and insanity appear to be colorless. Yup, every morning around 07:00 hrs, when Allen shuffles out of her house to turn on the yard radio, she appears devoid of color, zombie-like and lifeless - on the outside:

• deeply lined, unsmiling face (OMG! Can't allow another minute of silence!) 
• straight, stringy hair of indistinguisable hue
• nails-on-chalkboard voice and horror-show laugh
• frumpy bathrobe with fuzz-less slippers

and on the inside:

• slavish devotion to breaking the law (mobile home, business, noise, dogs, construction, etc.)
• insulting haughtiness in breaking the law (I gotta right! I'm legally grandfathered!)
• distrust of authority and paranoia about neighbors
• attempts at ingratiation of police turning to hostility
• knack for alienating people with her demands
• keeping "vicious" junkyard dogs (who crap all over and mirror their mistresses' personalities)

She simply cannot endure silence. So why does she deliberately turn on the radio outside and shuffles back inside the house for an hour? (I'm curious if there are any mirrors in there?) What drives her and keeps her going on this hopeless course of self-destruction? Is she getting everything she wants out of life? Is she, perhaps, reaping what she has so deceitfully sown for all these years "in the country" in the City of Manteca?

Not a colorful picture, this insanity of Allen's.

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Then... a glimmer...

Today, she accosts a 90-year-old man, known by her to be an acquaintance of mine, and engages in the classic gossip game of "See What Route Your Bogus Story Takes Before Coming Back To You" (also known as, Who Told Who.) She pitches him a line about fixing up her house to rent it out and moving to Oregon.

The briefest flash of color...
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Lynda is fond of saying and practicing, "We don't talk," so that leaves me free to speculate on what's really going on - which is OK because true insanity is to believe anything she says and virtually everything she does - as in (grandfathering) (icemaker) (compromise). Some possible scenarios are these:

(1) She is full of shit  lying - again - and isn't going anywhere. (Remember, it's just a gossip game of misinformation.) She is really playing a waiting game to see if I give up or lose the civil lawsuit.
(2) She is intending to rent out the place to one of her clone-of-Lynda friends (But where will she go? Oregon is far away. I'll miss her - about as much as I miss the ice machine!)
(3) She is not renting it out, merely trading houses temporarily with a clone-of-Lynda. (She would miss me too much to stay away long.)

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The dusky, dirty hue brightens somewhat... and... wouldn't you know it? Lynda's color is YELLOW! Like a yellow-bellied lizard!

No matter what this "brilliant" tactician says or does (or doesn't), all options point to retension of the property. That's good because then there will be something with intrinsic value - not all that business junk - against which to file a judgment lien.
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The Division and Rationale of D.J. Duties

The same regimentation that existed during TLC Catering's reign of terror is still displayed every day in the disc jockey duties:

1. Supreme Generalissimo Allen commands the rights of primogeniture*, reserving to herself the sexual rush of noisily broadcasting her spoor into the morning air;
2. Leftenant Brassey, the good soldier she is, fills in on the days, like Tuesday, April 6th, when Supreme Generalissimo is physically absent (every day mentally absent) or stove up;
3. Grunt Greene falls into the tertiary position - and laggardly performs the sickening act of turning OFF the radio in the evening (wrong endocrine secretions in that job.)

I posted the below here:

"As punctual as an alarm clock going off at 7:00 a.m. every morning, Lynda pops out her door in robe and slippers and shuffles quickly over to the outbuilding to turn on the yard radio. Loud, but not too loud. On her way back, a glance over her right shoulder to ensure the speaker is pointed my direction. When it's not, she's barely tall enough to reach up high with both hands and reposition it according to her purpose. Then she retreats back indoors, leaving the Mega 100.1 FM (KQOD, Stockton) morning show blaring for my enjoyment."

Things go on exactly the same morning after morning (except Lynda was two minutes early, 6:58 a.m., the other day) - same robe, same slippers, shuffle, volume, over the shoulder glance at the speaker, same hasty retreat back indoors.

 

I work all day in an office with Muzak (c) service and expect residential quietness before and after work. (When I want music at home, I'll put on something I like.) My neighbors, however are delivering to me a disservice - Muzak (c) at home - except I didn't order it, don't want it, will not pay for it, but cannot turn it off, let alone change the channel or control the volume.

• T, L & C thought (with their limited brain cells) to use musical noise to mask the "squeaks and squeals of loud, frightening contraptions" - the icemaker, vendor delivery trucks, catering trucks, and the hour-long ice bucket brigade - except the radio just added to the din.

"Muzak was created in the 1930s by General George Squier, who developed the use of military messaging technology to carry music. This new technology was particularly useful for piping music into elevators, which at the time [1930's] were loud, frightening contraptions. The soothing music helped calm elevator riders' nerves and masked the squeaks and squeals of early elevators." 

• T, L & C continue to deviate from Muzak's approach by thinking (there's that word again!) to use musical noise as a strategy to provide obtrusive and overtly perceptible cues or suggestions. In this regard they are kindred spirits to the torturers in Guantanamo Bay. 

Muzak's approach:

"It was during this time [1970's] that background music known as "Muzak songs" - rerecorded versions of classical, pop, country, and rock songs, minus the vocals - were adopted as a strategy to provide unobtrusive subliminal cues to shoppers. As the demand for original music grew throughout the 1980s, Muzak shifted its focus to Audio Architecture, and a new way of reaching the hearts and minds of customers was born."

T, L & C's approach:

"The use of 'acoustic bombardment' has 'become standard practice on the battlefields of Iraq, and… has joined sensory deprivation and sexual humiliation as among the non-lethal means by which prisoners from Abu Ghraib to Guantanamo may be coerced to yield their secrets without violating US law' ” (“Music as Torture” by Suzanne G. Cusick, Transcultural Music Review Vol. 10, 2006).

• T, L & C were for twenty-three years self-defined by their illegal and now defunct business operation. They have nothing lawful to do on their property, except reside there, and nothing gainful or useful (or legal?) to do away from their property. They are now poster children for the sayings: 
• “In works of labour, or of skill,
• I would be busy too;
• For Satan finds some mischief still
• For idle hands to do.” (Issac Watts)

and

. “The only thing worse than idle hands is an idle mind.” (Anton Lavey)

and

.  "An idle brain is the devil's workshop." (Henry George Bohn)

• T, L & C have spurned every overture to join the adult human race, desiring only to throw verbal and musical tantrums, continue litigation, decline to make or accept offers of settlement, and refuse to remediate their outdoor radio nuisance. I again refer the reader to the best article I have ever read about noise, in the .pdf newsletter The Quiet Zone:

The Nature of Noise

 

   See if you can find Lynda, Theresa, and Corky in there...

 

.
- - - - - - -

* primogeniture - Latin word meaning " first born". It refers to the common tradition of the first born child of the parents who, by this law, inherits the entire estate of the parents because he/she is the eldest of all the children. This law is no more in existence in most of the world's countries now, except in the Third World village of Manteca, California, and the estate at 810 Fishback Street.

Icy Cold Dealings...

It is hard to imagine anyone having a more intimate working knowledge of the now defunct TLC Catering's operation than Mr. Bill Crystal, of AAA Refrigeration.

• Mr. Bill was the shining knight who came running every time Lynda called him to say the icemaker had gone Kaput!
• (Picture taken September 3, 2008. An extra bucket was always left filled for the junkyard dogs to drink from during the day. Whiskey loved to chew the ice, too.)

• Mr. Bill, the Dr. House of icemakers, was the one to risk his life for a few ice cubes, as in this post.
• Mr. Bill was much more than merely a service vendor - more of a dear, dear friend - to the perennially poor, little, and old women, who struggled and scraped to just barely eke a spartan living out of the cutthroat street vending business. (Oh, puh...leeze! gag!)
• Mr. Bill spent an entire evening sitting with the entourage that showed up to encourage and laugh at Lynda's offensive redneck humor during the March 3, 2009 city council meeting.
• (An Easter, 2010, picture. T, L & C were gone all day, but left the radio ON for my "enjoyment." ) 

And now... {drum roll}... Mr. Bill has once again ridden to the rescue of the fair maidens not-so-fair, unemployed spinsters! He poked around the icemaker, inside the illegal structure built for it, and spent well over an hour (1240 hrs to 1423 hrs) sitting in the cover-less gazebo in deep conversation with T & L. (Oh, yeah... the yard radio was too loud and bothered these refined, considerate owners and their honored guest, so they turned the volume way, way down so they could think and/or talk without shouting.) Just guessing now, but I imagine one possible deal being pitched is that Bill buys the icemaker, or at least broker a deal,  so that T & L can pay their mortgage... or whatever... or buy more lawyer time to defend against my lawsuit.

Or, maybe Bill is supposed to get the machine certified and running again so it doesn't fail another demonstration. (It failed to start when T & L first tried to up-sell a potential buyer. Damn! The one time I wished it did run, and all it could do was cough and splutter!)

Sell the icemaker to defend against my lawsuit regarding their icemaker?! Now, that's icy cold. Wouldn't that be an irony to beat all? Whoot!

The March 30, 2010, Proposed Stipulated Judgment (still unacknowledged by the defendants) reads, in recital #1:

"The ice maker... shall be dismantled or otherwise made inoperable..."

Selling it and having it removed would certainly meet that stipulation. Of course, I believe nothing Lynda or Theresa say or sign until after they actually carry out their promise. (Now who's being icy cold?)

And, while they're at it, they could throw the yard radio into the deal, as in recital #2,

"Said outside radio... shall be dismantled or otherwise made inoperable..."

(Just sayin'...)
 
- - - - - - - -
p.s. To whomever buys this ancient, rattley, noisy, leaky, beat up, electricity-sucking (when not shorting out) Scotsman CME2006R commercial ice machine - here is the (free) official service manual.  ( ;-)  Tryin' to be helpful here...)
.

Proposed Stipulated Judgment

Hey, batta', batta'... here's the wind-up... there's the pitch!...

Let's see now... how hard can this be?

Instead of moving TLC Catering elsewhere, Lynda and Theresa have already chosen to close down the illegally operating business. I'm guessing it was too much bother (or too costly) to run their business legally. It doesn't matter to me which option they chose. Either way, YEAH! But there's still more paperwork to do...

They quit running their trucks and the icemaker a month or two ago, but they continue to run their mouths and the yard radio. That will change under this stipulation (above).

Was it really the bad economy that forced their decision, or did my pretty little lawsuit have a cumulative hand in it, tipping the balance? Maybe they could get jobs running this operation.

Through the Looking-Glass - "T'weren't Legal..."

It's too bad Lewis Carroll didn't have an additional given name, something like Timothy or Thaddeus, because then his initials would be T.L.C.

As it is, many of my earliest post titles (Chasing the Rabbit Down the Hole, Curiouser and Curiouser, and Into the King's Court) were references to Carroll's Alice in Wonderland (actually, Through the Looking-Glass and What Alice Found There, 1872.)

Perhaps this subconcious phenomenon was in recognition of my precipitous slide toward the surreal and twisted world just over the fence,

• where laws mean the opposite of what they say;
•  
• where actresses parrot lines from an ancient script, the origin of which was nearly lost in antiquity;
•  
• where these caricatures* publicly display broad Cheshire Cat smiles, which suddenly appear and more quickly disappear as their ocassion or audience changes;
• (no appearance of magic mushrooms yet).

Therefore. . . with apologies to Lewis Carroll. . . and credit for his understanding and inspiration in bringing his magical creatures to life. . . I offer a minor re-write of Jabberwocky.

T-L-Wocky

T'weren't legal... yet the cater cysts

Did gambol long on Fishback Road:
All misty were their origins
And the O. Rex outgrowed.

"Swear off the roach coach food, my son!

The mobile home! The stinky grease!
Forestall the Crystal truck, and shun
The frumious Scotsman's ice!"

He took his legal pen in hand;

Long time the noisesome prats he sought--
So rested he by the dum-dums' tree
And stood in restless thought.

And, as in sleepless muse he slumped,

The T-L-Wocks - six eyes aflame! -
Came gnashing 'cross their mangy dump
And burbled as they came!

One - Nine - Eight - Six! ... until today!

The research sword went snicker-snack!
He left them stunned, and with their buns
He went galumphing back.

"And hast thou slain M-F P-U's?"

"Yes, sir, they all are on the block!"
"Oh, frabjuous day! Calloo, callay!"
We all cheered 'til we croaked.

T'weren't legal... yet the cater cysts

Did gambol long on Fishback Road:
All misty were their origins
And the O. Rex outgrowed.

- - - - - - - - - -

* caricature (n) imitation, impersonation, parody, lampoon, spoof, sendup, mockery, takeoff, burlesque, travesty, charade, pasquinade, put-on.

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.)

Analysis

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
.

The Travel Trailer Shim Sham Shimmy

Well, I must admit, Manteca's code enforcement response time is certainly improving. Someone was out a mere 25 hours after I hit the enter key on the City's Government-Reach-Out-And-Touch/Love/Cuddle-Your-Neighbor online reporting system. That response time is warp speed 9 quicker than my first tooth-and-nail attempts to get ANY feedback from the city in March and April of 2008 (I was Sooo naive then.) Even so, Animal Control has them beat at only one hour turnaround last September 8th (2009), after I delivered my complaint in person. (Of course, the Animal Control officer still managed to screw up that investigation...)

Anyway, the white pickup truck with "Manteca Police Department" stenciled on the door, and "Code Enforcement" stenciled under that, pulled up to the curb on the east side of the street and took pictures of the travel trailer parked across the street. He pulled up the street a few rods, and down the street a chain or two, probably to photograph the various perspectives and to write observation notes. All told, approximately ten to fifteen minutes were spent on this endeavor.

Here is the online report that prompted the visit:

Thank you for contacting the City of Manteca. We appreciate the opportunity to assist you and assure you a positive experience with us.

The Complaint you submitted was:
- - - - - - - - -
Request type: Boats, Trailers, RVs on Private Property

Description: Travel trailer at 785 Fishback Street is not in compliance with MMC 17.15.105 Parking and storage of mobile vehicles and accessories on pre July 19, 1978 parcels.

A Wilderness Advantage travel trailer by Fleetwood is parked in the home's side yard, open to view from the front (east) and unscreened on the side (south). In spite of it being there for over two years, no DMV licensing is displayed anywhere on it, only the dealer promo info. The trailer's pop-out extension has been deployed the entire time, the trailer is plugged into an outside electrical outlet, and there are indications someone is using it regularly or living in it.

The January 2009 ordinance's six-month enforcement "grace period" has long since expired.
- - - - - - - - -
Your request has been assigned to a [ed., an anonymous] city employee. You will receive a response within 5 days for this request. If it does take longer than this, please contact us by replying to this email.

The current expected due date is 12/10/09.


[Note: The 5-day response time means five "open for business" days. The tally has already included one every-other-Friday closure, three unpaid furlough days, two days for Thanksgiving, and four standard weekend days. So, add ten lost days to any 5+ days response.]

Yes, that RV has been parked there, unmoving, for a long, long time. And this complaint is regarding the property across the street from me - not the Neighbors From Hell (NsFH) property next door.

(Shhh... I'm not supposed to complain about them... Remember, I was quarantined by the Chief of Police from complaining to the City of Manteca about Lynda Allen and Theresa Brassey illegally operating their TLC Catering business, with the help of Corky Greene, from 810 Fishback Street, the residential property zoned R-1 since annexation where the three of them live, work, play, collect animals and other friends, jabber, eat, make ice, make love, make noise at all hours, take commercial deliveries, restock their illegal commissary building, build all sorts of unpermitted noncompliant structures, etc.)

The new ordinance regarding mobile accessory vehicles went into effect January of this year, so one might ask, "What about grandfathering?"

The answer is: "No grandfathering allowed." These are mobile vehicles and can be moved around while screening and parking surfaces can be retrofitted. If the vehicle is too big or the necessary improvements cannot or will not be made, then the arrangement is not permitted and the vehicle must be hauled off to an appropriate rental space somewhere else.

The BIG question on the readers' minds right now is, "Why is this guy picking on the poor unfortunates who live across the street?" The answer is, "I have (almost) nothing against the owners of the property across the street. I have never met them."

Yet this entire campaign is deadly serious and the traps are baited for more than one prey.

Deceitful Pattern Continues

Lynda Allen's myopic worldview is practically a religious expression subscribed to by Theresa Brassey and Corky Greene, and all the other hangers-on who drift through their tight orbit. The tenet goes something like this:

"I do what I want... and it's none of your damn business!"

This bedrock belief underlies every action they take. Even though they make their TLC Catering business my business, they refuse to mitigate any of this incessant noise from illegally operating their commissary and roach coach from their property:

• continuous and on/off icemaker operation, day and night
• filling plastic buckets from the ice bin at least three times a day
• wheelbarrowing ice buckets back and forth
• outdoor radio all afternoon and evening (Who besides Lynda hasn't heard of ear buds?)
• vendor on-site deliveries of inventory
• vendor on-site pickup of waste cooking grease
• accessing numerous outdoor refrigerators and freezers
• unlatched (and illegal) plywood access door slamming in the breeze
• wee hour yard chatter
• keeping too many and unlicensed junkyard dogs (trained with TLC!)
• vendor on-site services to business equipment
• MFPU departure and arrival
• noncompliant parking surfaces under mobile accessory vehicles, and
• a loose chicken

They have turned their property into a compound to close off any view of their doings.
They quickly open and close the driveway gate only by pre-arrangement.
They have chased newspaper and TV reporters from their property.
They lie to code enforcement officers (who are only too happy to believe the lies.)
They lie to animal control officers (who are only too happy to believe the lies.)
They lie to the city council (who are only too happy to believe the lies.)
Their lies were well-received by the polymorphous city attorney.


Most recently, the defendants' brilliant counsel avoided (evaded?) giving up a material witness's whereabouts, and when a process server (an officer of the court) tried to find the witness, these legally-deficient women attempted to evade service by telling the officer to get off their property and not come back.

Hello?! Isn't being uncooperative during litigation a bad thing? A rational defendant would want a material witness to substantiate their defense, so they are either not rational or have no defense...

... or both {smilie}

Of course, judges deal continually with such putzes, so these indiscretions are not likely to provoke any sanctions. What are a few more rounds of game-playing after perfecting their technique for twenty-two years? These women have had much more than their share of "due process" - that term is more correctly called "undue process."

Oh, by the way, we got the witness served with a subpoena. {BIG smilie}

T, L, and C are now on the hook... carefully, we reel them in.

The Un-Dead Rise Once More

Peace succumbed once more. She was only nine days old.

born: Monday, October 12, 2009 (Columbus Day)
died violently: Wednesday, October 21, 2009





On Wednesday afternoon, the peace murderer, Bill Crystal of AAA Emergency Refrigeration (209) 988-2773, retrieved the dead Scotsman from Hell and breathed a new half-life into its brainless shell. The resuscitated god-machine found its mechanical voice, roaring to the world all evening and all night long, while the three harpies played loud music and performed their dancing incantations around it. The Devil's scene from the Burns' poem, Tam O'Shanter, below, comes to mind.



Peace vanished, exterminated by the Bacchanalian orgy.

At 12:30 a.m., one devout worshipper, with her charms and prancing presence, stimulated the metal monster to engorged capacity - to the brink of overflowing. A brief expectant pause ensued, with its storage organ fully distended, until...

Beginning at 3:00 a.m., another consort worshipfully bowed and scraped before the reverberating Giver of Ice, manipulating it twelve times within as many minutes to crashing, disgorging climaxes, and trundled away with twelve buckets of its petrified bodily fluids to be insinuated into the Mother of All Kitchens. A few more buckets of potent strippings were teased from the occult relic before the witching hour was up.

At 4:20, the third harpie, the high priestess, revved up her monstrous MFPU (a more appropriate acronym can never be invented); with fire in its belly and ice in its veins, she wheeled the unwieldy contraption, smelling of diesel and rancid grease, onto the street to "pee" for a couple minutes; then drove away in order to spread the drippings of the Scotsman's liquefying seed throughout the neighboring municipality.
.
.

- - - - -
C.S. Lewis wrote in his foreword to Screwtape Proposes a Toast, "... I never wrote with less enjoyment... [T]hough it was easy to twist one's mind into the diabolical attitude, it was not fun, or not for long. The strain produced a sort of spiritual cramp. The world into which I had to project myself while I spoke through Screwtape [ed., or about TLC Catering] was all dust, grit, thirst and itch. Every trace of beauty, freshness and geniality had to be excluded. It almost smothered me before I was done."

Icemaker's Vacation; Ice Bin Steals The Show

Monday was just a beautiful day all around - despite the twin noise events of the 3:00 a.m. Ice Bucket Brigade and the 6:15 a.m. icemaker start up. The day's weather was fantastic, tropical. A big Pacific storm was rolling onshore that evening and the afternoon's cloud cover convinced me at lunchtime to put a plastic bucket over the security camera out back.

.

The best part of Monday's lunch was NO ICEMAKER.

The best part of Monday evening was NO ICEMAKER.

The best part of Monday night/Tuesday morning was NO ICEMAKER.

.

The best part of Tuesday's lunch was NO ICEMAKER.

The best part of Tuesday evening was NO ICEMAKER.

The best part of Tuesday night/Wednesday morning was NO ICEMAKER.

.

{May it be so ever. God be praised.}

There is one wrinkle, however. The icemaker and the roof-mounted condenser were merely giving the ICE BIN its moment in the spotlight.

Remember the property of ice called regelation? The ice from the weekend, still in the very large bin, tended to regelate or clump together in big chunks. Tuesday morning's Ice Bucket Brigade was bad enough - loud enough - with Corky fighting to chip the ice into pieces and get it into the plastic buckets.

But the monumental Ice Follies took place Wednesday morning! Like Vulcan wielding his smithy hammer on his anvil, this Ice Queen had her big metal scoop singing its CLANGING song as she hammered and chipped away at the diminishing chunk of increasingly (two-days) regelated ice in the bin. The power, the ferocity, rang out in every strike of cast aluminum on frozen water! But it was not monotone; the sound effects changed with the chosen striking surface of the scoop, and the meter of the song advanced and declined with each striking angle and each bucket filled. The performance easily stole away any opportunity for inattention - let alone drifting off to sleep. The artist played the instrument magnificently!

Together, this frigid goddess and her sheet steel ice god, rule the frozen wasteland to the south.

{Standing - wide awake - ovation}