The State Creates Crime As An Industry and Now Crime is Our New Social Model

 

Why did the California State Correctional Officer cross the road?

To get a raise.

 

I am reinventing myself as a political theorist and commentator. Here is a new blog on Tim McVeigh and domestic terrorism. You are witnessing a transformation.

The state creates crime in order to prosecute crime as a growth industry. The state has decided use the prison industrial complex as one vast mega mental health institution. Crime is our entertainment and crime is our way of life. I am a criminal on the run for the alleged unauthorized practice of law. UPL. I was hungry so I drafted a demurrer for a pro per litigant in a horse lawsuit. Sound like bullshit? Unfortunately it is the truth. The good news is I am alive, sober, and working on my emotional health and well being. I just did a few minutes of nude outdoor kundalini yoga in my backyard. My landlord just left to go to a gay breakfast at the Spa Casino and I am so proud of myself for having stayed away from the gay social scene for months now.

Now I am becoming politically motivated. The state has created this huge so-called domestic terrorist fear. Terrorists are just protesters. Did you read what that last pathetic misguided Brussels bomber wrote in his suicide note? The sad little immigrant loser said he was financially stressed out and depressed. These stooges are not so much politically motivated as just desperate. In one last desperate attempt to be seen and heard the suicide bomber whacks people who are in no way related to his problems.

UPDATE: The purpose of this blog is to inform you that Dean McAdams no longer does paralegal work. Last night I saw a Russell Brand biography documentary and I am restyling myself with this blog.   

You are not doing your duty by pursuing me. I am a total nothing existing below the poverty level on a mere subsistence level. I am only now getting fully recovered from my emergency triple by-pass open heart surgery and I am not a danger to anyone. I am working on my emotional health.

Emotional health and kundalini yoga is what it is all about for me these days. Who the hell are you and why are you here? How did you get here and what are you doing? Dean McAdams is not an attorney or even a paralegal anymore. If you are even thinking about a default judgment then you should either be an attorney or be consulting with a good attorney. Why the hell are you reading this? Probably because you are in big trouble and you cannot afford an attorney. It is your fault for not not going to law school. By the time you realize you need an attorney, you are already dead. Be prepared, be American, go to law school to protect yourself. 

Are you a law enforcement officer looking to entrap paralegals? Read ’em and weep buddy boy because I am no longer in the racket.

I have learned a lot about postal inspectors lately. I would be good working in intelligence and information protocols. I am re-tooling this blog as an emotional intelligence and information resource.

This information is all over one year old and so you really should not be reading it. This is all ripped off from Brown & Weil, Civil Procedure Before Trial:

In the California civil default judgment prove-up procedure the court is required to render default judgment only “for such sum . . . as appears to be just.” [CCP §585(b)] Therefore, it is up to plaintiff to “prove-up” the right to relief, by introducing sufficient evidence to support his or her claim.  Without such evidence, the court may refuse to grant a default judgment for any amount, notwithstanding defendant’s default. Your complaint must state a sum certain, a specific dollar amount, in order for the court to be able to allow entry of a default judgment.

It is the court’s responsibility to act as a “gatekeeper,” ensuring that only the appropriate claims get through and that the judgment is not inconsistent with or in excess of the complaint. [Heidary v. Yadollahi (2002) 99 CA4th 857, 868, 121 CR2d 695, 703]. 

 

PARALEGAL PRACTICE POINTER: Never check the default judgment court form box for default judgment by clerk. Plaintiff will obtain a judgment using this clerk only procedure. Always check the box for a court default judgment.

 

Regarding CCP 585(b) Default Judgment

Prove-Up the Heidary court stated:

 

[3b] It is imperative in a default case that the trial court take the time to analyze the complaint at issue and ensure that the judgment sought is not in excess of or inconsistent with it. It is not in plaintiffs’ interest to be conservative in their demands, and without any opposing party to point out the excesses, it is the duty of the court to act as gatekeeper, ensuring that only the appropriate claims get through. That role requires the court to analyze the complaint for itself — with guidance from counsel if necessary — ascertaining what relief is sought as against each defaulting party, and to what extent the relief sought in one cause of action is inconsistent with or duplicative of the relief sought in another. The court must then compare the properly pled damages for each defaulting party with the evidence offered in the prove-up. (Section 585, subdivision (b) [“. . . [T]he court shall hear the evidence offered by the plaintiff, and shall render judgment in his or her favor for such sum (not exceeding the amount stated in the complaint, in the statement required by Section 425.11, or in the statement provided for by Section 425.115), as appears by such evidence to be just . . .”].)

The court has discretion to allow affidavits or declarations in lieu of personal testimony at the default prove-up hearing. [CCP §585(d)]

 

A Default Declaration is a statutory device

 

The California Code of Civil Procedure section 585(d) provides that the court “may permit the use of affidavits, in lieu of personal testimony, as to all or any part of the evidence or proof required or permitted to be offered, received, or heard . . . . The facts stated in the affidavit or affidavits shall be within the personal knowledge of the affiant and shall be set forth with particularity, and each affidavit shall show affirmatively that the affiant, if sworn as a witness, can testify competently thereto.”

Plaintiff must provide clear and concise evidence of every element in each cause of action to prove to the judge why plaintiff deserves a default judgment. For example, if your cause of action is for negligence, you must prove:

  • Element 1. That the defendant owed a duty to the plaintiff;
  • Element 2. That the defendant breached that duty;
  • Element 3. That the plaintiff was harmed; and
  • Element 4. That the defendant’s negligence was a substantial factor in causing your harm.

The official California Civil Jury Instructions (CAJI) define the elements of almost every cause of action, in “plain English.” The Legal Resource Guide on “Jury Instructions” on the court website at http://www.saclaw.org/pages/jury-instructions.aspx describes how to use jury instructions as a checklist for gathering evidence.

We have a bullet proof default judgment package that small law firms and attorneys come to us to prepare for them. I recently did a huge multi party default judgment for a lawyer on Wilshire Blvd. A default judgment is considered a summary procedure by the court and so the technical details are crucial.  There are certain documents you must perfectly complete, including a declaration of exactly what the case is all about. The declaration for default judgment is similar to a trial brief, the declarant must prove up to the court that there is a real claim that has been properly prosecuted. Unlawful detainer proceedings have court form UD-116 for declaration of default judgment.    

 

Here are the basic components of the declaration for default judgment:

 

I, JOE BLACK, hereby declare as follows:

  1. That I am a licensed attorney, have personal knowledge of the facts in this declaration, am the plaintiff in the above-entitled action, I make this declaration in support of motion for default judgment and can and will competently testify to the following facts.
  2. That on July 7, 2007 Defendant DICK DICKSON, California driver license E7 999999, driving a 2001 Dodge Grand Caravan license number BADDRIVER, was traveling northbound on Wilshire Blvd. in the City of Los Angeles, County of Los Angeles, and failed to stop at the posted stop sign at Bush Street.  Defendant DICKSON’s negligence caused her vehicle to collide with my work vehicle and impact my passenger side door.   My work vehicle was declared a total loss by Defendant’s insurer, Allstate Insurance Company, who paid me for the partial replacement cost of my vehicle only.
  3. That I incurred $23,500 in additional unpaid general and special damages for personal injury to myself, loss of earnings, storage for tools of the trade while Defendant’s insurance company wrote the check to replace my totaled vehicle, and additional vehicle replacement costs for my vehicle not paid by defendant’s insurance company.
  4. That Defendant’s insurance company offered me $600 for my additional unpaid general and special damages which I declined.
  5. That liability for the accident lies with Defendant DICKSON, as established by her admission to my insurance company and an eye witness who was stopped at the stop sign at the scene of the accident.
  6. That at the scene of the accident defendant DICK DICKSON represented that her true and correct current and address was 103 N. Kingsley Dr., Los Angeles, CA 90004.
  7. That 103 N. Kingsley Dr., Los Angeles, CA 90004 was in fact not defendant’s true and correct current address.
  8. That I used three different process servers to attempt personal service of process upon defendant DICK DICKSON for total costs of $341.30.
  9. That I exercised due diligence by hiring a private investigator to locate defendant for service of process at a cost of $593.61.
  10. That I had to serve defendant DICK DICKSON by publication at a cost of $250.00.
  11. That I paid $345.00 in clerk’s filing fees for my complaint.
  12. That I incurred $4,500.00 in special damages in the form of unpaid medical bills, and storage for my tools of the trade.
  13. That the original proof of service by publication was filed with the court on December 10, 2009. 
  14. That my total damages, fees and costs in this matter are $25,000.

I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.

Dated:  January 8, 2015

JOE BLACK, Declarant

Take this declaration for default judgment and insert your own specific information.

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