All lawyers are trolls but not all trolls are lawyers. 

Update on our appeal in the 9th Circuit Volkswagen Diesel Fraud Case

The Appellate Panel consolidated our Bosch appeal with the Volkswagen appeal and a decision should be announced soon.  If successful the appeal would set aside the largest consumer fraud settlement in history while leaving Volkswagen on the hook.  The settlement allowed Volkswagen to "hide and conceal" claims from the Court and Settlement Master Robert Mueller. 
We filed an action in Butte County yesterday with the intent of having a jury decide punitive damages. We would be the first party to bring the defeat device case to jury trial.  Peer reviewed studies proved thousands of people with lung diseases died from the fraud.  


County's NOV Process is a Fiscal Disaster

Posted by Fred Fletcher on Saturday, April 14, 2018 Under: Notice of Violation
The County has a new NOV process. The County voted to impose fines of $10,000 a day while having a new side business of McGeorge Law School serve as administrative judge via a Skype connection. 

Nearly all of the NOV's are supported by aerial images from Terra Server.  Because the bulk of legal issues in Humboldt are criminal in nature, the County has a deficit of lawyers with civil litigation experience, including the private sector. For some time, the County did not realize the Terra Server images are hearsay, and cannot be used as evidence at trial due to Terra Server's disclaimer, among other fatal issues.   

The County has apparently realized its error, and is considering entering into a contract with Planet Labs, Inc. with the County paying $195,000.  The County has grown lazy from all the easy money from cannabis permits and fines. The County's solution is throwing money at businesses and outsourcing every problem. This leaves the County free to play politics with their time instead of governing. The County is laser focused on selling the public on the Mercer Fraser industrial hash lab which will pollute our drinking water. 

The County aspires to replace onsite visits with satellite images.  The problem however is Planet Labs is only agreeing to provide the County a license for the images, without any guarantee a custodian of records will be available to establish authenticity. Criminal lawyers may get excited about the warrant-less search aspect, which will be a losing argument in a civil forum in my opinion. But the constitutional issues are not ripe if the County cannot get its evidence admitted at trial.  While our local court has universally sided with the County due to corruption, the Court of Appeals keeps things legal

Most people who contact our office regarding the NOV's are afraid of the County and want to pay the fines out of pure fear.  There is little public knowledge that the County's track record in civil litigation is horrendous. The County of Humboldt is typically very easy to defeat in civil court due to arrogance, hubris, and lack of experience. 

The appellate division has criticized the County for lacking basic litigation skills, and for "misleading" the Court.  The last time the appellate court attacked our County's illegal tactics, the County failed at a request to have the opinion de-published.  In the civil litigation community Humboldt County is a running joke. 

As an officer of the Court, I have a duty to ensure my local government stays legal.  We cannot eradicate an illegal black market by disregarding the law ourselves. Humboldt County is at the epicenter of this new experiment, the ending of prohibition. Some of our public officials fail to grasp their fragility in this polarizing environment. A few public officials have suggested I ignore legality and take advantage of the culture of corruption.  As we approach important local elections over the next two years including this June, I am committed to providing the public information they may find useful. 

I have reviewed hundreds of the County's emails and records obtained through a Public Record Request. The records demonstrate a massive waste of public funds. I anticipate the California State Attorney general will soon be invited to conduct a fourth investigation of Humboldt County within the past 4 years. 

In : Notice of Violation 

Tags: notice of violation  nov  mercer fraser  terra server  humboldt  cannabis  appeal  civil litigation  planet labs   

Humboldt Behind the Fog

This blog is a public service. Nothing in this blog should be construed as legal advice or a solicitation for legal services. "Civil solutions for a sustainable community" and the logo at the top of this web-page is an advertisement for Fletcher Law Offices.