Associate Justice Ming W. Chin and Associate Justice Marvin R. Baxter

The California Supreme Court has ruled October 27, 2010 that the actions by Government in this video are legal in the California published case law Decision Bookou v. State of California.

Chief Justice Ronald M. George, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Justice Ming W. Chin, Associate Justice Marvin R. Baxter, and Associate Justice Carol A. Corrigan.

In November or December of 2010 the California Supreme Court will decide about this undisputed facts below and video evidence of Caltrans, County of San Luis Obispo and the Oceano Community Service District in the published California Case law Decision Bookout v. State of California!

It is unfortunate that I am having to make the videos presented to Judge Martin J. Tangeman in the now California Case Law Decision Bookout v. State of California public!

The flooding of our State Highway 1 in the town of Oceano California is not 100% the fault of POVE as seen in the evidence presented to Judge Martin J. Tangeman.

The County of San Luis Obispo in their “Answer To Petition For Review” by Thomas L. Riordon, SBN 104827 shows the Supreme Court why this review is necessary as the County explains on P. 5 “The Oceano Community Service District (District) owns a water well. From time to time, the well discharges water into the drainage channel that leads to the culvert under the rail bed. (RT Vol. 5:1265-1266)”
The County LIES about Testomony by Dan Sutton from POVE as Dan had stated 02-03 NOT 2000! The County mentions the Davis daily logs(exhibit #1768) that shows No Date of Stabilization!

The County of San Luis Obispo acknowledges “No Date Of Stabilization” the construction permitted in the drainage channel by the County, allowing the OCSD Well # 8 discharge Pipe installed into this drainage culvert! (Per Davis Testimony!) The County States: “Davis’s daily log for that year makes referance to a meeting with Bookout on December 20, 2002. (RT Vol. 2:402) Bookout took a picture of the pipe going into the drainage channel in the aftermath of a rain event in 2002.” The County States: “The picture included a District employee. (RT Vol. 2:403) This photo shows No Date of Stabilization and that OCSD and Caltrans had not properly corrected the complaint in Exhibit # 579! Thus showing that the partial use of Exhibit # 579 was a predjudicial Error in now California Case Law “Bookout v. State of California!”

THE SECOND APPELLATE COURT OF APPEAL OPINION IS INCONSISTENT WITH EXISTING CALIFORNIA PRECEDENT AND DOES REQUIRE A NEW TRIAL!

PLEASE REVIEW THE VIDEO PRESENTED TO JUDGE MARTIN J. TANGEMAN OF OCSD DISCHARGE FROM WELL # 8 PER EXHIBITS # 1768 AND # 579! THIS ACTION GOES AGAINST RECENT CALIFORNIA CASE LAW “SKOUMBAS V. STATE OF CALIFORNIA”

THE SECOND APPELLATE COURT STATES: “Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming.
Bookout claims the evidence is credible because it is uncontradicted. He cites Joseph v. Drew (1950) 36 Cal.2d 575, 579, for the proposition that uncontradicted testimony of a witness may not be disregarded, but should be accepted as proof of the fact to which the witness testified. Indeed, there are no doubt cases where the uncontradicted testimony of a witness is so credible that no reasonable trier of fact could reject it. But this is not such a case.
Here there is an obvious cause of the flooding. The Exchange modified the drainage by constructing a junction box and pipeline that redirected the flow of water by 90 degrees.”

The Second Appellate Court Justices–Steven Z. Perren, Arthur Gilbert and Kenneth R. Yegan are fully aware of Judge Martin J. Tangemans statements in his August 5, 2008 inverse condemnation decision on P. 7 per photo exhibits # 1278-1337 and 1338 of this OCSD pipe directly inside the Railroad Culvert! They now allow Government to block and dam storm water drainages systems as seen in these photos! Photo Evidence/Exhibits presented to Judge Martin J. Tangeman 1278-1337-1338 pdf…

The Second Appellate Court is mistaken on P. 8 of their July 28, 2010 published California Case Law decision as testimony presented to the Second Appellate Court from Phil Davis of the Oceano Community Service District and exhibit 1768 are facts that have been seen and mentioned by the Second Appellate Court! This evidence is overwhelming as seen above and below! These drainage changesare made after the Appellate Courts P. 8 100% Blame of the Pismo Oceano Vegetable Exchange!

Duration : 0:8:26


Post Author: mark

1 thought on “Associate Justice Ming W. Chin and Associate Justice Marvin R. Baxter

    Ming W. Chin

    (November 2, 2010 - 1:11 am)

    […] Associate Justice Ming W. Chin And Associate Justice Marvin R. Baxter Chief Justice Ronald M. George, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Justice Ming W. Chin, Associate Justice Marvin R. Baxter, and Associate Justice Carol A. […]

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